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Junior1 
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Joined: 28 February 2011
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Posted: 28 February 2011 at 5:07pm |
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Hi, just wondering if anyone can answer this.....can a mother move a child to a different part of the country say 3hrs away without the fathers consent? What is the scenario if this has already happened, the father wasn't in a position to take the matter to court but protested about it at the time.
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Mucky_Tiger
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Joined: 26 January 2010
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Posted: 28 February 2011 at 5:13pm |
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all depends on if you have shared custody or if she is the main carer.
as if you share custody she cant say move from invercargill to auckland as its not fair on the child to travel that distance for shared care. 3hrs travel isnt too bad and is done very frequently - especially as its only a 30 min flight basically and children of a certain age can travel as an "unaccompnied minor" so neither parent has to see the other
the father would have had to have lodged something with the family lawyers/court system before the move or its a bit late trying to stop them moving after the fact.
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busymum
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Location: New Zealand
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Posted: 28 February 2011 at 5:19pm |
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You can check specifically with community law service. You can't relocate the child to a different region without consent of all other guardians
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Junior1
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Posted: 28 February 2011 at 5:19pm |
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It is shared, on weekends etc, the situation is likely to end up in court due to other reasons but was interested in opinions as to whether the mother was within her right to make the move knowing the father disagreed with it.
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rachndean
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Posted: 28 February 2011 at 6:38pm |
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I have a friend who's daughter's father took her daughter away without the mothers consent. They didnt have anything legal stating the custody arangements, just a verbal agreement between the two of them. My friend had a 6 week struggle getting her daughter back, however once she did get her back it gave her grounds for immediate full custody in court. It took 4 years for the father to gain back enough trust to be entitled to more than supervised visits.
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DD Savannah 18.01.04
DS Austin 04.09.08
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jaz
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Posted: 28 February 2011 at 8:47pm |
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My understanding is that he can take her to court and have her ordered to relocate back. It all depends on how much involvement with the child he had before she left though. If he saw his DD one full day a fortnight and they can travel to where he lives so he can keep this access up, then the courts might be happy to let this continue. If he had regular or long visits he would probably have quite good grounds to have them relocated though. If you check on the Family Court website there is a whole sections on outcomes. It seems that the courts are reluctant to have long commutes, especially for very young children.
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Chickaboo
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Posted: 01 March 2011 at 4:12pm |
 Junior1 wrote:
Hi, just wondering if anyone can answer this.....can a mother move a child to a different part of the country say 3hrs away without the fathers consent? What is the scenario if this has already happened, the father wasn't in a position to take the matter to court but protested about it at the time. |
Yes she can - as far as I know though he can request her not to move (or move back) through his lawyer (would have to have a very good reason though to stop her and visa versa)
I don't know your personal situation concerning it but I am re married and have a daughter to someone else and would be peeved if he tried to stop me from moving and bettering my life and hers - BUT having said that I know he would do it out of spite and not so much for visitation so I am sure completely different reasons from you.
Edited by Chickaboo
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mrsturtle
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Posted: 01 March 2011 at 7:58pm |
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I think it must depend on the situation my brothers expartner did a runner with their then 3 year old 1.5 hours away to another town and the courts made her come back and she is not to leave with out agreement between both of them for even the weekend. They have shared custody now. At the time of the runner they were living together so child had 24 hours contact with both but turned out she was having an affair. Check with your lawyer or someone legal before you do things would be my advice. Good luck!
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