Separated parents taking kids overseas
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Category: General Chat
Forum Name: General Chat
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=37028
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Topic: Separated parents taking kids overseas
Posted By: SBM
Subject: Separated parents taking kids overseas
Date Posted: 08 December 2010 at 5:21pm
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I have a friend who has recently split from his fiance. They have two kids together. He is a Kiwi but she is Irish - all of her family live there. The split was messy, and she has hinted about going back to Ireland with the kids to live, which obviously he doesn't want and would be devastating for him, his family and the kids. She has booked a flight to Ireland for next week, returning end of Jan next year, but he is worried, rightfully, that they wont come back.
What are his rights? Can he stop them from going overseas at all? Is there some way of guaranteeing that the kids come back? |
Replies:
Posted By: SquishysMum
Date Posted: 08 December 2010 at 5:29pm
| As far as I know he can stop them leaving the country, he would need to get in touch with a lawyer though asap. |
Posted By: Plushie
Date Posted: 08 December 2010 at 6:12pm
| He can definatly stop them leaving but i'm not sure how it works about making sure they come back, if stopping them isnt an option for them. I'd tell him to see a lawyer asap. |
Posted By: _SMS_
Date Posted: 08 December 2010 at 6:26pm
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Im pretty sure he can stop them. Like others said tell him to see a lawyer asap. -------------  
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Posted By: _H_
Date Posted: 08 December 2010 at 6:56pm
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From the http://www.justice.govt.nz/courts/family-court/what-family-court-does/separation-and-dissolution/parents-guide-to-caring-for-children-after-separation#fc7 - Family court website -
What if I think my child's other parent is going to take our child overseas? The Court can order that your child is not to be removed from New Zealand Phone a lawyer urgently to discuss your options If you don't know who to see, phone the Family Court urgently So he needs to call his lawyer ASAP! |
Posted By: Shelt
Date Posted: 08 December 2010 at 7:55pm
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I don't think there is any way of making sure the kids come back coz once they are out of NZ juristication then it becomes messy with extradition etc. But he can (and probably should) stop them leaving by getting a Court order against it. Unfortunately at this time of the year the Family Courts are incredibly busy so he should see his lawyer as soon as possible to get one in place before they try to leave. ------------- http://lilypie.com"> 
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Posted By: kiwi2
Date Posted: 08 December 2010 at 9:09pm
| I'm pretty sure it falls under kidnapping if she doesn't return. I would get a lawyer to write to her and outline exactly what she would face if she wasn't to return. If he can't afford a lawyer he can apply for legal aid. Best to get documentation that he wants the children to return otherwise she can say it was consentual. |
Posted By: crafty1
Date Posted: 08 December 2010 at 9:28pm
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Poor guy! And she's taking his kids away for almost 2 months over the xmas period - even if she does bring them back i wouldn't be happy about that happening so soon after a split up. The kids might need the reassurance that their dad is still around, not a long overseas holiday.
I hope he sorts it out. ------------- http://lilypie.com">  
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Posted By: tishy
Date Posted: 10 December 2010 at 9:33pm
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Personally I can't help but feel some compassion for her. I know I would be feeling pretty lonely and homesick if I had just broken up with my partner.
Regardless of the reasons of the break up I think it'd be just as cruel for him to force her to stay here with the kids, while she is completely isolated from her family, as it would be for her to leave for Ireland and not bring them back. My heart goes out to all of them 
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Posted By: jaz
Date Posted: 16 December 2010 at 8:07pm
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My understanding is that he can either have an order to say the kids can't leave the country, or he can allow her to leave the country for the kids as long as she places a bond with the courts. The bond is usually about 10K and the cost of getting an order to prevent them from leaving the country is about 2K, from what I have heard. But he needs to go to court (via a lawyer) to get the order and pronto ------------- http://lilypie.com"> 
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Posted By: SBM
Date Posted: 16 December 2010 at 10:34pm
Just to update, his kids left yesterday for Ireland, but my friend got a lawyer to send her a letter to make it clear that the children are expected back by a certain date. Just covering his ass in case she stays there and claims he agreed to it. Now we play the waiting game... 
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Posted By: fallen
Date Posted: 27 January 2011 at 6:18pm
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Just wondering if the children have come back? ------------- |
Posted By: SBM
Date Posted: 27 January 2011 at 6:37pm
They are not due back til the end of the month. I am holding my breath 
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