A member asked over 8 years ago

Can I take my daughter home to New Zealand?

My daughter is 9 months old and I have recently separated with my partner. My daughter was born in austraila but is a New Zealand citizen but decent and has a New Zealand passport. What are my right if I want to take her to New Zealand to live but my ex doesn't want me to.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Relocating a child to another city or country is a serious step, especially if it will reduce the amount of time the child gets to spend with the other parent. A court may not give permission for a child to be relocated if moving is not in the best interests of the child.


If you want to relocate your daughter to New Zealand, you should first talk to your ex partner and try to reach an agreement about where your daughter will live. Family Relationships Australia (www.familyrelationships.gov.au) offers a free dispute resolution service that may help you reach an agreement with your ex partner. If you are able to reach an agreement, it is best to sign a written parenting plan or apply to court for consent orders before you relocate with your daughter. This will ensure that there is no misunderstanding about the parenting arrangements and will help ensure that both parents fulfil their responsibilities.


If you cannot reach an agreement about relocation, you can apply to a court for orders to allow you to move with your daughter. The court will consider the best interests and welfare of your daughter before making a decision. Both you and your ex partner would be allowed to put forward your case for why you do or do not want your daughter to move to New Zealand.


If you decide to relocate without a court order and without the consent of your ex partner, a court may require you to return with your daughter until the case has reached an outcome. Court orders must be followed. If you breach or disobey a court order, you may be penalised by the court.

You should also note that your ex partner or another significant person in your daughter’s life (such as a grandparent) has the right to apply to the court for an order that prevents your daughter from leaving Australia. These situations can be stressful, so it is best that you attempt to resolve the matter with your ex partner before relocating to New Zealand.


Suggested way forward

Child custody arrangements can be difficult to work through, especially if you are considering relocating a child to another country. Speaking to a family lawyer will help you understand your rights and ensure you get the best outcome for you and your daughter. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 8 years ago   Legal disclaimer

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