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My partner is in a custody dispute about his children. he is…

Customer Question
My partner is in...

My partner is in a custody dispute about his children. he is Danish and his ex-wife wants to go back to Denmark with them . the children are not NZ citizens. Is there anything he can do ? He's thinking about trying to get full custody.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in New Zealand family court?

No papers have been filed. They are trying to reach an agreement but its not going very well. Its very tough as she doesn't want to be here and he wants to stay. i guess the law is around what is best for the children.

Lawyer's Assistant: Have they talked to a lawyer about this yet?

No . I'm trying to encourage my partner to go to a family lawyer. But he's very very upset about the situation.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's about the sum of it. I am not living with him at the moment but I have said that I would get a house with him and take on care for the children.

Submitted: 1 month ago.Category: New Zealand Law
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Answered in 11 minutes by:
3/25/2018
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,554
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

The test under the Care of Children Act which is the legislation about parenting of children, is as you are aware, what is in the best interests of the children. If the mother wants to take the children out of New Zealand, that is not necessarily very easy. The first question is where the children were born, and where are they commonly living. So if they have lived most of their life in New Zealand, and he wants to stay here, it is more likely than not, that the children will stay in New Zealand. It is not necessarily a simple exercise, and depends really on the issue of where they really live. So if they have only been here a short period of time, then it is possible that the court may permit the mother to take the children back to Denmark. But if they are well-settled in New Zealand and have been here for some time, then she may not be able to do so

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Customer reply replied 1 month ago
they have been here three years... and they were born in Denmark so they are Danish. There Visa expires in November and currently she is saying she will not sign the paperwork to renew the visa.
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

A further factor may be the age of the children. After three years living in New Zealand younger children may regard this country as their home, and it is probably the case that the judge would be reluctant to permit relocation. Even if they are still Danish citizens, it would be possible to get an appropriate visa to continue their residence if the family court supported them staying in New Zealand.

It is however always a complicated issue, and a situation where you need to engage a family lawyer with specific experience in relocation cases.

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Customer reply replied 1 month ago
They are 11, 8 and 5 . I do think they regard NZ as their home but I think their mother would disagree.
Customer reply replied 1 month ago
Are you an expert in relocation can you recommend someone who might be ?
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

Which city are you in?

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Customer reply replied 1 month ago
Auckland
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

I will suggest some lawyers there who know this area.

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Customer reply replied 1 month ago
thank you that would be helpful.
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

Vivienne Crawshaw http://hobsonchambers.co.nz/lawyers-auckland-city/vivienne-crawshaw/

Simon Jefferson http://trinitychambers.co.nz/simon-jefferson/

Jeremy Sutton http://www.jeremysutton.co.nz/

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Customer reply replied 1 month ago
Thank you . That is very helpful.
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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Chris The Lawyer
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