NSW mother and children born Australia father deported to new Zealand demanding visitation

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13 February 2020
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hi ok so long story but here goes
I split with with 2 childrens father about 8 years ago due to his violence he had limited contact with the kids after that due to his drug use and constant issues with police
about 8 years ago he found out where we lived and did a home invasion on the house where the kids who were 3 and 4 at the time were.
the police got involved he then went on the run for over a year
by the time they caught him he was jailed and then deported back to new Zealand where he was born
he has been there for 5ish years with no contact to the kids
he doesn't know where I live but has now served family court papers from new Zealand family court for visitation requesting I send the children to new Zealand for contact
the kids were born here
just wondering if anyone has advice as to if he can.acrually do this
if he gets my kids over there I know with his history he will take off with them and never return them
 

GlassHalfFull

Well-Known Member
28 August 2018
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Pretty sure he can't do that. After so much time without contact, it seems reasonable that it should reintroduction should be progressive and controlled and that would almost certainly be him coming over here and spending a few hours at a time with them until a level of comfort and trust develops, especially with his criminal/domestic violence background. I have no idea how this works in terms of jurisdiction but I IMAGINE that it would need to be transferred to the Australian Family Court since that's where the children currently live. In cases of abduction, a case needs to be lodged in the family court of the country where the children are currently located (albeit with government legal assistance, you don't have to do it yourself), so I would guess it's exactly the same in your situation.
 
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