Risk of child abduction leads to order to keep children in New Zealand…

A Parenting Order being made by the Court has prevented the mother of the children from leaving New Zealand with them until 2023.  Conditions like this are very unusual in Parenting Orders. 

However, when the mother originally brought the children to New Zealand to stay with their father, so she could go on holiday for a month. When the mother was away on holiday, the father applied for a Parenting Order, which gave him the care of the children.

The Family Court Judge noted that the case got out of hand and that the Court system failed to assist sooner. 

The parties had previously worked well together and the father had been unconcerned over the mother’s parenting.  However, the mother’s reaction to the initial Parenting Order resulted in her doing things which led to her being prevented from going to the children’s school, the police being called and criminal proceedings brought for child abduction. 

The Judge indicated that both parents have over-reacted to the events that had occurred.  The Judge did say however that both parents were “safe enough” to parent the children. 

A new Parenting Order was made that resulted in shared care. There were strict instructions as to how and when the parents were allowed to communicate with each other, and they must undertake communication counselling. 

There was also the unusual condition that the children were not allowed to leave New Zealand with their mother until 2023, due to the risks of her taking the children overseas to the country of their birth and not returning them.  The mother is planning to appeal against the Court’s decision to not allow her to take the children back to their country of birth so watch this space.

Parenting disputes can get out of hand very quickly.  Before making any decisions it pays to know what your rights and obligations are by talking with a professional experienced in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-priced Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced family law team who can answer your questions and put you on the right track.

Shaun Cousins
Family Lawyer
Wellington