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GuestGuest 
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 Topic: Father’s Rights
Posted: 22 January 2010 at 2:54pm |
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Hi, just wondering if anyone can help with this....
My brother's girlfriend has recently kicked him out (long story but not involving abuse or anything) and they have a 1 year old together. She says that she is going to move to Australia and take the baby with her because that's where her family is. Does he get any say in the matter?
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FreeSpirit
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Posted: 22 January 2010 at 3:12pm |
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Yes. He needs to contact a family lawyer NOW and get an order to prevent her from moving.
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clover
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Posted: 22 January 2010 at 3:16pm |
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Yip, what Flutterby said, he needs to get an order to stop the child being removed from the country.
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MindyW
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Posted: 22 January 2010 at 6:01pm |
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I agree with the other 2 ladies. Once the legal side is done she wont be able to take their child overseas without his approval. All the best for your brother and I hope for a happy outcome
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My Beautiful Little Emily
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Millyz
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Posted: 22 January 2010 at 10:23pm |
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Yep as long as his name is on the birth certifcate he can get an order to prevent the removal of the child (it would then need to go through the usual court processes as I think it would only be an interim order if she chose to fight it). It can be actioned quick smart too if he thinks she's going to do a runner.
Good luck!!
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becky
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Posted: 22 January 2010 at 10:41pm |
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Hey tell your brother to get a caviet put on his childs passport if there is one this means the child is not allowed to leave the country. I would also agree with the others he needs to consult a lawyer and start filing for custody once proceedings start the child must stay in the country.
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jack_&_charli
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Posted: 27 January 2010 at 9:38am |
if she does skip the country with the child, he can try to get her back through 'the hague convention'......if nz is the child's habitual place of residence, then the mother cannot take her away from here without the father's consent and she'll have to return here.
was the child born in nz?
we are going through this at the moment with my brother and his wife. unfortunately my neice was born in oz and sis in law wanted to go back there to be nearer her family. so my brother had to pack up everything (AGAIN) and move over there to fight for custody. he moved just before xmas and the f****n B***h still refuses to let him see his daughter!!
anyway, long story and i won't get started otherwise i won't stop! 
first thing to do is put a cap on her passport so she will be stopped at customs and refused to leave. then apply for shared or sole custody, whatever it is he wants.
good luck, i hope it all works out for the best!!! my neice lived with us for almost 12mths and left just before xmas. i miss her terribly and have managed a sneak conversation with her last week for a few minutes while she was away from her mum (i'm not allowed her ph#  )
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GuestGuest
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Posted: 27 January 2010 at 10:04am |
 jack_&_charli wrote:
was the child born in nz?
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Yes she is an NZer.
Thanks for the replies. J&C, your brother's situation sounds horrible. Some women are just so vindictive, they never think about the needs of the child.
At the moment she is staying put but is now threatening to move to Akld (from ChCh) which isn't good either. In a way my folks and I think it would be easier if she did go because she is causing so many dramas (she won't let any of us see my niece now) but I feel bad for my brother. He needs to sort out a lawyer.
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Bizzy
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Posted: 27 January 2010 at 10:18am |
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yes he does... he may want to start writing things down too - not typically a man thing to do but it will help. if he cant keep track of what she says and when and how often he sees the baby it may come in handy later.
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jack_&_charli
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Posted: 27 January 2010 at 10:31am |
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oh yes definately write everything down!! keep all txt msgs/emails etc.....note down each time he tries to see the child and what happens etc
my SIL is a big lier and we've kept all msn convo's, emails etc to prove our side. you can also try to keep her in chch by proving her life is better here...more family support etc
hugs to you and your family! i know what you are going through and it sucks big time!
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GuestGuest
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Posted: 27 January 2010 at 10:39am |
Yeah she is one of those crazies who sends abusives texts constantly. Why do people do that??
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jack_&_charli
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Posted: 27 January 2010 at 10:41am |
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to make themselves feel better ?
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MindyW
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Posted: 27 January 2010 at 10:59am |
Some people are just vindictive and unfortunately children seem to get stuck in the middle! 
Kick your brother up the bum and get him to that lawyer
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My Beautiful Little Emily
We've Waited for You Forever!
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Father’s Rights
