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QLD Temporary Guardianship of Sixteen-Year-Old NZ Citizen

Discussion in 'Family Law Forum' started by Greydog, 4 February 2016.

  1. Greydog

    Greydog Member

    4 February 2016
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    My 16-year-old nephew is living with me in QLD now at the request of his mother. Both parents live in New Zealand and his mother has signed a temporary guardianship letter. Although the father has verbally consented, he has chosen not to sign any documents.

    There have been threats made by the father's family to have the boy declared kidnapped and forcibly returned to New Zealand.

    My question is whether the extended family can initiate such a process or if only the parents can.

    The other question I had was whether, at the age of 16, he has the right to choose where he lives. I do know that NZ law states he can choose to move out of the home and live wherever he likes, however, it's not clear if that jurisdiction applies to leaving the country.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Technically, yes about pursuing proceedings under The Hague Convention, but the likelihood of success in these circumstances? Fairly low, I would argue, because the parents have consented. The child is 16 years of age, and it's not often the court makes any orders for kids of that age outside of "That the child spends time with [whoever] in accordance with his wishes".

    I would not stress too much at this stage. It costs tens of thousands of dollars to pursue action under the Hague Convention and they're probably just trying to intimidate you. Best to ignore, perhaps.
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  3. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    Yup and it would take years to get it through the court, by then the kid could foreseeably be 18. Might be a bit different if it was the dad that lodged the complaint, but even then, I doubt it.

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