Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

Ex Wants to Relocate to New Zealand with Children

Discussion in 'Family Law Forum' started by Michael Sidor, 8 June 2015.

  1. Michael Sidor

    Michael Sidor Member

    8 June 2015
    Likes Received:
    Hi There,
    I have two children (one eleven, one eight). My ex-wife is involved with a man from New Zealand. He is unable to find suitable work here and they both want to move to his country of origin (NZ). My ex-wife wants to take my two children with them. From past dealings with her in relocating, I have found it difficult at times to get in contact with her by phone and not knowing her correct address. I have fears that this would be the case if they relocated to NZ. However I had already given permission for them to travel to NZ for a holiday last year so they already have their passports.

    I haven't always followed our parenting agreement at times not being able to have the children due to recovering from surgery and complications arising from a motorcycle accident that I had when I was younger. I have lately been aligning my circumstances to accommodate having my children in order with our agreement.

    So where does this leave me - does she need my permission to take the children to NZ, would the family court grant her permission?
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
    Likes Received:
    Hi Michael,

    Is there a custody order by court in place? If not, the mother is technically free to relocate the children but you are free to apply to court to restrict this or for a recovery order mandating the mother bring the child back. Therefore, it is advisable for the mother to have your consent (in writing) or obtain a court order. If she applies for a court order, you will be given an opportunity to object to the application and state your reasons for why you wish to object. The court places high regard for children to be in constant contact with both their parents and so would not grant a relocation application lightly.

    The following threads also answer this question so may be with reading:

Share This Page