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QLD Husband's Ex Moved Kids to NZ - Options under Family Law?

Discussion in 'Family Law Forum' started by Ruby07, 9 December 2015.

  1. Ruby07

    Ruby07 Member

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    Hi everyone,

    My husband's ex-wife sent their 3 kids (13, 9 & 6) to live in NZ with her parents in August while she stayed in Australia until moving there herself in October (they're all NZ citizens including my husband). Conveniently, this all happened just before our wedding so his kids were unable to attend.

    For background: They divorced last year, however, were separated for 3 years before that as she cheated on him. We married in October this year after being together 2 years.

    My husband works FIFO overseas 5 weeks away and 1 home, so when she told us she was moving them, we couldn't take the kids (not that she gave us a the option) as I work full-time and he is overseas. There are no family court orders or official parenting plan in place. The original verbal agreement was that we would have the kids every 2nd weekend when my husband was working in Australia and then on his week home when he started working overseas.

    She has continued to spread all kinds of lies to people and just generally being manipulative and nasty (telling people the kids hate us and want nothing to do with us which we know is completely untrue!). We pay her a significant amount each week in private child support and she still demands more (she thinks he earns heaps of money and he doesn't - trust me!), even though we never see the kids because they're now overseas, usually using the kids against us or as pawns. She claims to have gone to mediation with the kids, however, my husband was never notified or offered the opportunity to attend.

    What are our options under Family Law to get a custody of children plan in place now that they've moved? My husband is planning on getting work back in Australia soon (there has been no work in his industry here for nearly a year - not our choice!) so we have more options. We're feeling very helpless and deflated and would appreciate any guidance.
     
  2. sammy01

    sammy01 Well-Known Member

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    1. Stop paying anything beyond that assessed by child support. Why give money to a woman who is treating you like this? Save the money to pay a solicitor.

    2. Your options are limited given the kids have been away a while. You are really going to have to choose to either spend money on solicitors or accept that he isn't gonna see the kids all that much.

    If you're happy with them staying in NZ, you should expect the kids to travel back to OZ for half school holidays at least. And for arrangements to be in place for kids to Skype / call etc.
     
  3. Ruby07

    Ruby07 Member

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    Thanks for that. We're paying her what child support said to, just not through the agency. It's high because she initially claimed to not be working, and when she was working, she conveniently earned just under the tax-free threshold.

    We have Skype/call arrangements in place, she just doesn't stick to them. It's also hard when he's working in a third world country with no phone and limited weak internet access. Hence, why we can't get anything done while he's away. We are definitely going to speak to a solicitor as she now claims to be taking them to the UK to live.

    Anyway, thanks for your help - it is appreciated!
     
  4. sammy01

    sammy01 Well-Known Member

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    Ok - make sure you communicate to her in writing that you don't agree with moving to the UK.

    Yep, stuff like phone calls are difficult. Even if you have court orders if the primary carer doesn't wanna play along. Is it really worth the stress and money to apply to court? Not really.

    Your best bet is going to be if you are prepared to become the primary carer of the kids. She can move to the UK but the kids are staying... But even that is problematic because the reality is you've not had much contact with them of late...
     
  5. N Knight

    N Knight Well-Known Member

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    I would suggest that if the removal of the children was unlawful ( that is that you did not agree to it ) that you contact the AG's offence and for them to commence Hague Convention Proceedings in the NZ Court.
     

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