QLD Daughter's Ex-Partner Living Overseas - Custody of Children?

[Dorian]

Hoping someone can help me.

My daughter split up from her de facto partner last year after 8 years together (separation) and they have 2 sons 7 and 5. He moved back to New Zealand last year to be with his ex and has since married her (she was the cause of their split).

Can my daughter apply for full custody of the boys ( custody of children) here in Australia (we are citizens) and will this family court order be applicable in NZ?

Thanks for any help.

 

[AllForHer]

You can apply, of course, but the chances of getting sole parental responsibility are very, very low. The kids have a legal right under s60B of the Family Law Act 1975 to have a relationship with their dad, no matter how messy and unpleasant their parents' divorce gets, and it takes an extraordinary amount of evidence to persuade the court that it's best for the kids if those rights are violated.

In any case, the first step is for your daughter to organise a family dispute resolution conference with her ex to discuss care arrangements for the kids. If they can't reach agreement or one party refuses to participate, the parties will be given a s60i certificate enabling them to apply for parenting orders through the court. If orders are Madeira Australia, they are applicable in New Zealand, as well.