What happens if my child is taken, without my permission, to a different city? What are my rights as a parent?

Ryan, a devoted and loving father of two young girls, has recently separated from his wife, Sarah. Sarah has decided to move to Christchurch with her two daughters so that she can be closer to family. Ryan cannot relocate as his work obligations keep him in Wellington.

What rights does Ryan have to prevent his daughters being taken?

As a guardian of his children, Ryan has a say in the important decisions affecting his daughter’s lives, including where and who they live with.

When a guardian exercises their powers in relation to a child they must act jointly and must consult any other guardians of the child, wherever practicable, with the aim of securing an agreement.

In this situation, the ideal result would see Ryan and Sarah deciding on the girl’s hometown together. For example, they may agree that Sarah can move with the girls provided Ryan has the girls’ for school holidays or they may agree that the girls should remain in Wellington.

If they need help reaching an agreement, they might use Family Dispute Resolution Services (‘FDR’) - a form of mediation - to come to an acceptable solution. It might also be useful to complete a Parenting Through Separation course (‘PTS’) - a free course available to help parents with their parenting post-separation. The PTS course is intended to help Ryan and Sarah focus on the needs of their girls. In general, FDR and PTS will be required first steps before a Court application could be made (although there are some exceptions).  Applications to the Family Court can be made without notice to the other guardian if the children have already been removed or their removal is imminent.

If FDR does not resolve the matter, the next step might involve Ryan or Sarah applying to the Family Court. The Family Court could then decide the outcome after evaluating what is in the children’s best interests.

The Family Court will look at a range of factors when deciding whether to order the return of a child or order that a child be prevented from relocating.

In most situations, there will be arguments to be had in favour of each city and the effect relocating (or not) will have on children. Where the Court strikes the balance will differ for each family. Because of this, it can be difficult to predict how a Court will strike the balance for your family.  An early, genuine, and open discussion with the other parent is usually the best approach to key decisions over children.  Early advice as to your rights and obligations is also advisable.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.