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Re-location Cases - Custody Disputes

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Re-location cases – Custody Disputes

 

This topic deals with those cases where there is a custody dispute after separation and one of the parents wants to leave the home town with the children or a child.

 

You should also visit our related topics through the direct links in the boxes at the top and the bottom of this page.

 

 

These cases are very difficult for a Family Court to decide.  As usual, the paramount test relates to the welfare of the child or the children but the Courts have made it clear that there will not be an automatic “handcuffing” of the custodial parent to the hometown.

 

All of the circumstances have to be considered very carefully.

The Family Court will sometimes need to decide what happens to the children of split marriages when one of the parents wants to relocate to another town or city, or overseas.

In such cases the New Zealand Court will always give priority to the welfare of the child, rather than the needs of the relocating parent.

A case before Judge Don Inglis, QC, involved a mother's application for leave to relocate with her son to Auckland<

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Feedback / Reviews / Blogs on this topic
20-Jun-07
"At last . . . . I managed to find law on this point on your topic. This topic as well as the other family law sites were useful to my case which involves my partner shifting to ... (edited out) and leaving me with no access. I have been treated unfairly but Netlaw gives me some hope. Gerald"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Hi Netlaw,

I was really helped by this topic, particular the instant link to at least 25 recent reported decisions of the Family Court. It really helps those who don't know how to look up this stuff. Thanks . . . Kathryn - Balclutha April 2006"

Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
". . . . bloody helpful for me to get through the thicket of Rules and procedures . . . Frankie - Tauranga - February 2007"
"I just want to agree . . . JCH - Auckland"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Well worth reading. I don't think I will have any more kids!! Louise J Auckland March 2007"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Thanks . . . for us grandparents it was helpful to have a topic dedicated to us although we had to go to some of your other sites to get the full picture and documents. we have aplied for counselling firt.
All the best to the team at Netlaw"

"This website is TOPS!! tnx!! Q:I have a Returning resident visa issued 070307 and would like to take my 2.5 year old child to Europe for a month to simply visit my parents which I havent seen for 2 years! My childs mum(Kiwi) and her oldest daughter went last year all paid for and my parents never had a thank you!!!! and although I notified her months ago about our trip she is emotionally blackmailing me and threatening me with a laywer out of jalousy(?)or the poor thing is scared I might not come back while I have been living and working here for the last 5 years. All our arrangements are made orally. NZ and our boy is my life! Our child is staying with me every other day. I pay weekly 100$ I am a good dad, she is a good mum but I'd like to know her rights and mine as a parent within my current visa situation as well. And although my right to vote in NZ indirectly supports those who are chosen to make these laws I feel as a father quite left on my own since I consider NZ family law extremely father unfriendly..HELP please anyone! Me in Queenstown

Netlaw replies - You need to see the Familky Court at Queenstown at once and ask for counselling to try and sort this out. That costs nothing and should not take long. BUT - you should also ask a lawyer to file an application for an order because that will take a few weeks to get to Court at the very earliest and you will need to ask the Court to take urgency and it is better to file at once as a back up to counselling failing. "

Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Great coverage. Keep updating the whole website, Netlaw. Barbara K - Hamilton"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

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