Child Relocation

This is a specialist area of family law. It is one field where the cases often go to a hearing and you need a strong and experienced lawyer to act for you. You often need to act quickly to preserve the rights of your children. We will act for you in New Zealand or overseas.

We can help you if:

• You wish to relocate with your child
• You have just been served with court papers
• Your ex partner is about to relocate with your child
• You want to stop your spouse or partner relocating with your child
• You wish to appeal a Family Court decision

Can I move out of Auckland with my child?

This is a guardianship matter. You need the other party’s consent first. If you do not get their consent you should apply to the Family Court to get their approval.

Can I take my child out of the country without the other party’s consent?

NO - and the consequence is that your child may be forced to return to NZ under the Hague Convention (see below). If you think your partner is planning to take your child out of the country, you can apply to the Family Court for an order preventing the child’s removal.

What is the Hague Convention?

The Convention is an agreement between approximately 68 countries aimed at preventing children being taken or kept overseas without the prior agreement of other people who are entitled by law to give their consent. It seeks to ensure that children who are abducted or wrongfully retained by a parent will be returned as quickly as possible to the country in which they habitually reside.

Where consent is refused by the other party, then consent of the Court in New Zealand is required BEFORE the child is taken overseas.

What function does the lawyer for child have?

The lawyer for child represents the views and interests of the child and is like a junior Judge. One will always be appointed where there is a relocation case. They make recommendations to the Judge at each stage which are frequently, but not always, followed.

If there is a court hearing they normally submit a report to the Judge outlining the views of the child. You have the right to read this report.

How do I keep my legal fees at a lower level?

First of all you can do lots of the preliminary work yourself. If you are intending to apply for a Parenting Order, for example, write out the history of your relationship and your proposals - including the contact you want your ex partner to have with the children.

How can I keep track of my legal fees?

Request that your lawyer bill you on a regular basis. Some lawyers will just bill you at the end of the job which may be six months later and $10,000. To me that is generally not acceptable or fair to the client. I normally bill every 3 or 4 weeks so the client knows exactly what their position is in terms of legal fees.

How long will my Court case take?

This depends on how quickly your dispute is resolved. Typically a case involving children will take at least 3-6 months to settle. However in other cases the matter could take more than 12 months.

Will I be able to obtain legal costs from the other party if I am successful in my application?

In some cases you may be awarded costs against the other party. This is particularly the case if the other party is not represented by a lawyer and has obstructed or delayed the process. However, in the vast majority of cases, no award of costs is made.

See the Blog of Jeremy under the heading 'Team' for more information  

Ring Jeremy anytime on +64 (9) 263 6953 or email him on jeremy@jeremysutton.co.nz to make an appointment.