I want to ask legal custody question regarding newzealand, my child is 3 years 4months old. Currently I am overseas but

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JA: Hi. How can I help?
Customer: I want to ask legal custody question regarding newzealand, my child is 3 years 4months old
JA: What state are you in? It matters because laws vary by location.
Customer: currently I am overseas but me and my child are Australian citizen and thinking to move to newzealand
JA: What steps have you taken so far?
Customer: can u help
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just let the lawyer know that I left Australia with my son and after I left my wife filed a case and got sole custody in Australia that was an ex party decision, but she says she will withdraw the case
Answered by Chris The Lawyer in 2 mins 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
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Chris The Lawyer, Expert

As an Australian citizen you can come to New Zealand although the borders are closed and will remain closed for some time. When the border reopens you can come here as Australian citizens can stay here as permanent residents
Customer
Thanks I am aware of this already
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Chris The Lawyer, Expert

As for the child custody issue, the Australian and New Zealand courts work together and that order can be enforced here. So make sure your wife has withdrawn the order
Customer
I see , so if she withdraws the case from Australia and if I come to newzealand after that , can she file a case again from Australia
Because she is not really interested in the child , I moved to Pakistan with the child on 1st August 2019 and she came to Pakistan and filed the custody here in Pakistan as well but never peruses the case and went back to Australia.
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Chris The Lawyer, Expert

She can file again, so you need a clear consent and the Australian case withdrawn.
Customer
Since 1st August 2019 there has been no effort from her to contact the child ( no call no email not a single msg)
Customer
She said she will withdraw the case , sorry I didn’t understand what u mean by clear consent.
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Chris The Lawyer, Expert

Consent from her to bring the child to New Zealand is needed
Customer
I see , I don’t think she will do anything more than just withdrawing the case
However the child is Australian and Pakistani citizen and I have the full legal custody in Pakistan (she filed the case here in Pakistan and never pursued ) will that help.
I don’t want to take any risk of loosing the child’s custody
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Chris The Lawyer, Expert

You will likely need to have a court order confirming you have custody, preferably from Australia
Customer
Ok and is it safe for me to visit newzeland alone
My name and childs name is ***** ***** AFP watchlist
Customer
Australia federal police watchlist)
Customer
No other cases just because of this custody matter me any my child name is ***** ***** watch list
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Chris The Lawyer, Expert

They don’t share information with the New Zealand Customs. But since you won’t be able to travel here for several months you get get the Australian custody order withdrawn and notify the police before you travel here
Customer
Hi
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Chris The Lawyer, Expert

I think it would be wise to get your wife to withdraw the custody order so that the Australian Federal Police withdraw their notice

Customer
Ok thank you
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Chris The Lawyer, Expert

Please feel free to follow up if you have more questions or rate my answer if you are ready
Customer
Just one thing
If she withdraws the case from Australia
Will I be ok to come to newzeland with my son
She said she won’t be filing the case again
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Chris The Lawyer, Expert

Yes, you will be safe coming here

Customer
Like I wanna settle in newzeland
Customer
Ok that’s great
And can I apply for single parenting payment as well
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Chris The Lawyer, Expert

You would be able to claim the relevant social welfare benefits as an Australian citizen

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