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WA Family Law - Friend's Ex Refusing Access to Baby?

Discussion in 'Family Law Forum' started by laurenjm, 17 July 2016.

  1. laurenjm

    laurenjm Member

    17 July 2016
    Likes Received:
    I am trying to help a friend to get some of help and guidance to see his son. He and his ex-partner lived together in Perth, Australia (He is an Australian citizen). While she was pregnant, she moved back to New Zealand and denied him access since. He is on the birth certificate but she never asked for any permission to leave the country with his son.

    What rights does he have and what grounds does he have to stand on in order to have access?

    Many thanks
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
    Likes Received:
    Sorry to hear... But he is on a hiding to nothing. He could try and compel her to come back to Australia, but I think he'd fail.

    He really needs to take it up under NZ law. He could seek access to the child via NZ family law system but that would require him to spend time and money in NZ with solicitors, etc...
  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    I agree, it's a matter for family law in NZ.

    It may be helpful to understand that if the child was unborn when the now-mother left Australia,
    then at law, there was no child.
    So in terms of Australia, there can be no abduction.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

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