a custody question...anyone?
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Topic: a custody question...anyone?
Posted By: jack_&_charli
Subject: a custody question...anyone?
Date Posted: 12 March 2009 at 9:30pm
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i was wondering if anyone knew anything about a father going for custody of their child if they aren't a nz citizen?
would the child have to be made an nz citizen first or does it not matter seems the father is?? do they have to go through the australian courts instead the child is australian and is currently living in nz with her father and has lived in nz the majority of her life  ------------- http://www.alternatickers.com"> 
http://lilypie.com"> 
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Replies:
Posted By: busymum
Date Posted: 13 March 2009 at 11:02am
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The father doesn't have to be a NZ citizen, although his residency may affect whether he can get legal aid (depending on his income first, of course). Their website is www.lsa.govt.nz. Proceedings would come under NZ jurisdiction as the child is living in NZ. -------------  |
Posted By: jack_&_charli
Date Posted: 13 March 2009 at 3:30pm
thanks teresa........it's on behalf of my brother....i think he's facing a tough and expensive battle for his girl
her mum is an aussie, neice was born in oz but has lived in nz for 95% of her life. she's living with my bro at the mo while the mum is in jordan shacking up with her new man from the net!!  ------------- http://www.alternatickers.com">
http://lilypie.com">
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Posted By: my2angels
Date Posted: 13 March 2009 at 3:37pm
| so he has decided to go for custody then? your poor wee neice |
Posted By: jack_&_charli
Date Posted: 13 March 2009 at 3:45pm
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yeah he has.......he's actually gone out today to find out about changing her citizenship....the mum is refusing to change it because she doesn't want to drag it through the courts.....she just wants to get her way and have neice live with her and her new man in oz........they are planning their wedding and she's not even divorced yet!! ------------- http://www.alternatickers.com">
http://lilypie.com">
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Posted By: busymum
Date Posted: 13 March 2009 at 7:14pm
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Too weird yea it will be expensive, sadly, but it sounds too important to ignore. How long have they been separated? Has to be 2yrs in NZ to get a divorce, not sure what the rules are for Aust marriages tho. ------------- |
Posted By: xox6Girls1Boyxox
Date Posted: 14 March 2009 at 9:10am
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Are there any custody arrangements at the moment between your bro and his ex? If not then tell your bro to go for interim custody of his daughter now, then the rest of the full custody or joint custody can be dealt with at a later point. If your bro was to get interim custody of her now then she would more than likely remain in his care until a final decision has been made. (Im speaking from personal experience as my ex done this to me & I could'nt touch my daughter) Also get him to apply for a caps on her passport, that way your niece can not be removed out of NZ..(Once again speaking from personal experience as my DD2's father tried to sneak her out of the country to Fiji)...These custody battles can be so messy sometimes for the adults not to mention how your poor niece is going to feel.... If she's been in NZ for 95% of her life I think the system would more than likely side with your bro, It doesnt really say much about your nieces mothers character especially if she can up and leave to go and have a whirl wind romance with someone she's never ever met....More than likely the guy from jordan probably only wants residency in aus then he'll leave her....(Also speaking from personal experiences, regarding the residency status thing LOL) Best of luck for your bro and your darling niece... ------------- http://www.bump-and-beyond.com/"> 
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Posted By: busymum
Date Posted: 14 March 2009 at 10:48am
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Hopefully hewill be speaking with a lawyer soon but basically he will be applying for a Parenting Order (day to day care) (used to be called Custody Order) - both an interim one and a long-term one. Also if he wants a CAPPS listing he will need to apply for an Order preventing her removal from NZ first. The CAPPS Listing automatically follows the making of one of those Orders and I suspect he will be keen to make at least two of those applications on a without notice basis.... as I say, get him to a lawyer asap to sort things out. ------------- |