Discharge of Protection Order - 05/01/2010

QUESTION:

How can I apply for a discharge of protection order in my favour?

ANSWER:

You need to make an application to the family court and also do an affidavit. About 90% of people go to a lawyer - you can apply for legal aid, pay privately or seek assistance from a community law centre. See me for more information.

To make an appointment, please ring me on +64 (9) 263 6953 or email on jeremy@jeremysutton.co.nz

Children not returned to custodial parent - 05/01/2010

QUESTION:

My children have not been returned after the Xmas break. We had an agreement my wife would return them. What are my options to get children back?

ANSWER:

See a specialist family court lawyer and seek an urgent application to the family court.

To make an appointment please ring me on +64 (9) 263 6953 or email me at jeremy@jeremysutton.co.nz

Alcohol issues - 04/01/2010

QUESTION:

My partner has severe alcohol issues and needs residential help. She shares care of our child and I want to ensure there is no alcohol while the child is in her care.

ANSWER:

You need to have her agreement but if not think about applying to the Family Court. I operate mainly in the Auckland Family Court region but also I work in other parts of the country.

To make an appointment, please ring me on +64 (9) 263 6953 or email me on jeremy@jeremysutton.co.nz

Relocate child to Australia - 04/01/2010

QUESTION:

Things I need help with are - separation, care of a toddler and joint assets. Also relocation to Australia. Can you help me?

ANSWER:

Yes I can help you with your family law issues - we need to set out together what to consider first and work through the options. To make an appointment please phone me on +64 (9) 263 6953 or email on jeremy@jeremysutton.co.nz

Child Relocation - 03/01/2010

QUESTION:

I have a child who I wish to have full custody of. I am separated from the father and support my child financially 100%. The child lives with me, but the father has access every now and then.

Father wants to make it a regular thing maybe every 2nd week for the weekend (Friday/Saturday). I would like to re-locate next year but know that the father will not let me take the child with me. I want to ensure I can get full custody, to prevent father stopping this planned move.

Are you able to give me advice on how I should proceed and also what this will cost me.

ANSWER:

This involves child relocation issues which are complex and can be drawn out.

To make an appointment please ring +64 (9) 263 6953 or email on jeremy@jeremysutton.co.nz

Father won’t agree to holiday dates - 03/01/2010

QUESTION:

I have custody of two children. The father lives in another part of NZ.

I am attempting to organise for the children to stay with their father over the holidays for 12 days. The mother has come up with four different dates which father does not agree with. He is now threatening to take it to a lawyer and via the lawyer contacting mother.

Up until recently father had been living overseas for 2 years and since then the children have stayed with him a couple of times, with no issues around arranging the children spending time with him.

What grounds does he have to force visitation via a lawyer when it appears the only issue is that the dates don’t suit him? Please let me know.

ANSWER:

You need detailed legal advice for this. To make an appointment please ring me on +64 (9) 263 6953 or email on jeremy@jeremysutton.co.nz

Separation, Property, Custody and Access - 02/01/2010

QUESTION:

I wish to enquire as to the legal services you could provide representing me through the process of divorce, property settlement and custody/access to my two children who live in NZ.

The work I do has me residing overseas although my wife and children reside in NZ. Our separation began when I started working overseas.

We jointly own a house in NZ and I have been travelling back to see my children.

Can you help me?.

ANSWER:

There are a number of issues - we need to decide on a plan and work from there. To make an appointment please ring me on +64 9 263 6953 or email on jeremy@jeremysutton.co.nz

NO CUSTODY AGREEMENT - 02/01/2010

QUESTION:
I want to better understand my rights as a parent regarding the care of my children. Their father and I have been separated for 6 years. We share custody - though we have no written agreement in place or a Court order. The children want to spend more time with me.

I work full time and would like to better understand what options my children and I have regarding custody.

I am also considering a move with my job near my family and want to understand the potential rights/consequences - obviously I would want to take the children with me.

ANSWER:
You need to see a lawyer about child relocation, guardianship and parenting matters. I specialize in these areas. To make an appointment please ring me +64 (9) 263 6953 or email me on jeremy@jeremysutton.co.nz

CHILD SUPPORT

I cover the following Child Support issues for liable and custodial parents:

- Preparing and updating voluntary (private) agreements
- Inland Revenue Child Support assessments
- How child support is calculated
- Other court proceedings – variation, arrears, cessation orders
- Child support debt
- Departure Orders
- Shared care

How does child support work?
o The parent who is the custodian (the person who has the child in their care most of the time) generally applies for child support.
o Sometimes the custodian is not the mother or father of the child but, for example, another family member. In this case both parents may pay child support.
o A standard formula is used to calculate how much child support must be paid by the liable parent (the parent who does not have the child in their care most of the time).
o The standard formula looks at the liable parent’s taxable income, takes away a set living allowance (eg whether they have a new partner and how many children live with them), and the result is multiplied by a percentage based on the number of children the liable parent pays child support for.
o The annual amount is then divided into monthly sums.
o Inland Revenue Child Support collects payments from the liable parent and passes the money onto the custodial parent to assist with care of the child, or to the Government, if the custodial parent is receiving a sole parent benefit like the DPB.

To qualify for child support, the child must be:

o under 19 years of age

o a citizen or “ordinary resident” in New Zealand

o not married or in a de facto relationship

o financially dependent, that is, not working more than 30 hours a week on average, or receiving a benefit or student allowance.

The paying parent must pay until their child turns 19. It will only cease before this if the child:

* starts living with the paying parent full time
* is working full time (30 hours a week or more)
* is receiving a benefit or student allowance
* is living in a de facto relationship or marries

RELATIONSHIP PROPERTY LAW

We will help you with your rights and ensure your expectations are firmly kept in mind. It is important the matter is handled efficiently in terms of cost and time factors. If you are an applicant wanting to progress matters, you may need to resort to mediation or court action to finalise the dispute.

Our expertise includes:
* Filing or defending Court proceedings
* Advice about your full entitlements to property after a separation
* Advice about the Courts’ way of determining property interests
* Obtaining disclosure of property interests from a reluctant ex-partner
* Obtaining sound valuation advice particularly when values are disputed
* Experienced representation through negotiations or proceedings required to determine a value for business interests.
* Issues on the occupation of the family home
* Handling post separation debts

We will engage experts when needed to advance your case.