I have a problem. I have shared custody of my 10 year old daughter with her mother. The current arrangement is I have my

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Customer: Hi Pearl, I have a problem.I have shared custody of my 10 year old daughter with her mother. The current arrangement is I have my daughter every second Thursday, Friday, Saturday and Sunday. Also, half of the school holidays. This has all been set out in a parenting order we got when my daughter was about 2 years old. We all currently live in Auckland. The mother has been informed that she might lose her job (they are in the process of making her redundant) and she wants to pack up and move to Tauranga where most of her family lives. Relocate my daughter to Tauranga, 2.5 hours drive away. I do not want my daughter to move that far away as it means I miss out on a lot as you can imagine.
What are the chances the mother can force this to happen even if we did go to court? Do I have a good case to prevent her from moving out of the city?ThanksRory
JA: Is there a custody agreement in place? Does it address educational decisions?
Customer: yes there is a custody agreement in place. it does not address educational decisions.
JA: Has there been any mediation on this issue?
Customer: no there has not been any mediation on this issue.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i have a wife and own my own home so i have a stable place for my daughter to live.
Answered by Chris The Lawyer in 19 hours 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

Your former wife cannot relocate and take the child that far away without your consent. So your next step is to tell her you oppose the relocation and that your daughter must stay. Her mother can choose to move but your daughter will be able to stay with you. You may need to see a family lawyer you assert this but your are on fairly strong grounds
Customer
Ok thanks. Even though the mothers whole family live in Tauranga. does this have any bearing on giving her the right to move out of Auckland? Would that hold any weight if a judge had to decide in her favor? what if the mother cant find a job in Auckland?
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Chris The Lawyer, Expert

It’s a difficult issue. But to remove the child so your shared parenting cannot happen is the main issue here. And of course what is in the best interests of the child is the main test. She can apply for permission but it would not be easy for her
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