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.
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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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