My former wife and her new husband had kidnapped my children to NZ, change their names to her new husband's name and

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Customer: Hi Chris,
My former wife and her new husband had kidnapped my children to NZ, change their names to her new husband's name and applied IRD on the children name.
I won the custody case in NZ.
Now i wan to investigate if my children had been used to apply IRD benefit and to check with the NZ immigration if they had also used my children as dependent in applying residency for her new husband.
To gain NZ residency one need to stay in NZ for at least 2 years but in this case within a year. How is this possible?And, the Family Court is aware about the fraud and aren't they suppose to report this matter to the higher authority?
Answered by Chris The Lawyer in 17 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 the question

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Chris The Lawyer, Expert

Your first enquiry should be to obtain official information from New Zealand Immigration and also from the Department of Internal Affairs in relation to any applications with regard to passports. It would be difficult to obtain information from Inland Revenue because they have strict rules about privacy and the only access can be from the taxpayers. But you could complain to Inland Revenue about them, and set out a factual background so that they could investigate whether there has been anything wrong in what these parents did

Customer
About reporting fraud by the Family Court to the higher authority. How far is the power of the Family Court? The person admitted fraud during trial and isn't the court registrar suppose to report this matter to the NZ immigration and Internal Affairs?
Customer
Can the lawyer acced about my children IRD application or order by the Family Court or District Court?
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Chris The Lawyer, Expert

The family court does not have any statutory obligation to report fraud to other authorities. It is difficult because of the confidential nature of family court proceedings which cannot be used outside of the family court. It is open to you to make complaints about fraud to the police however. Your lawyer would not have any access to Inland Revenue information. You need to complain to Inland Revenue to ask them to investigate and explain that you think this might have been fraudulent.

Customer
After I won the family court,
1. How long is the appeal duration by the defendant? Can the defendant appeal further after withdrawal of the first appeal?
2. About the costs claim, does my lawyer needs to apply to the district court against the defendant again or could claim the legal aids from the NZ government? I thought it is suppose to be automatic means the defendant suppose to pay the cost.
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Chris The Lawyer, Expert

1. The general appeal period is 20 working days. It would be very difficult to appeal if you file an initial appeal, and then withdraw.
2. Your lawyer does need to claim costs against the other party. However if the other party was getting legal aid then you cannot claim costs. You cannot claim against the government for legal aid parties and it is not automatic that the other party pays costs. You have to ask

Customer
Thank you, Chris
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