Child abduction legal advice in NZ | Weston Ward & Lascelles

18 February 2022

According to 2021 data from the longitudinal study Growing Up in New Zealand, one in seven Kiwi children have separated or divorced parents with co-parenting a way of life for many families.


It’s hard work to create a healthy and effective co-parenting relationship. Past hurts and grievances must be put to one side to collaboratively make decisions in the interest of the child or children. Typically, both mum and dad are joint guardians of the child and this special relationship between separated parents is protected under Section 16 of the Care of Children Act 2004. By law they must communicate to each other any important information as to where the child lives, their education, religion, and medical treatment. This means that if one parent wishes to relocate and leave New Zealand, the other parent’s consent must be agreed.


With global travel (Corona aside) being more accessible and inexpensive, the greater freedom of movement has increased the opportunity for relationships to develop between people from different countries of origin. Unfortunately, this has led to a rise of child abduction cases following the breakdown of relationships and a parent’s wish to return to their home country. One parent feels trapped in a foreign land, while the other doesn’t want to lose contact with their child – it’s a distressing situation for all parties.


What is child abduction?

Unlike kidnapping, which is when a stranger takes a child, child abduction is when one parent takes a child overseas without one of the parent’s express agreement, and yes, this includes a holiday too. 



What happens if I take my child without the other parent’s permission?

If the other parent finds out of your plans of travel, they can make an application to the Family Court for an Order Preventing Removal of a Child from New Zealand, Interpol will be alerted, and the child will be stopped from exiting. If an Order is granted it remains in place until the child is 16 (unless another Order is made in the meantime).


If you leave New Zealand before the other parent is aware, your child may be returned to New Zealand under the Hague Convention on the Civil Aspects of International Child Abduction for your case to be heard in a New Zealand Court. The consequences of child abduction are serious – for the child’s wellbeing, and for the parents emotionally and financially.



What can I do if my ex won’t agree to us leaving New Zealand?

Get in touch with Weston Ward & Lascelles. Many people in this situation fail to seek family law advice early enough to achieve remedy and resolution. Our family law mediators help parents come to an agreement often without having to go to Court. You must be mindful that Courts have a high threshold for agreeing a child can leave New Zealand, so mediation and alternative dispute resolution are crucial in these situations.


Why do I need to get legal advice if my ex agrees to us relocating overseas?

No matter how consistent and civil the interactions with your ex-partner are since the relationship breakdown, or whether they agree to your relocation plans, it is wise to get the consent recorded in a parenting agreement. Nobody knows what the future relationship between you and your ex will look like, so by seeking advice from the best family lawyers in Christchurch you are protecting your life overseas with your child and your legal position.


Parenting is the hardest (and often most thankless) job there is, but there are some things you simply cannot afford to get wrong. If you are planning on relocating or find that your ex is intending to take your child overseas, contact us today. We’re here to help you find an amicable solution either through active mediation or through the Court system. Contact our Christchurch Family Lawyer team today, for a free no-obligation chat. 

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