I'm a NZ citizen my partner and I have separated and I'm trying to fly from aus to NZ on the 15th but he is threatening

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Customer: Hi I'm a NZ citizen my partner and I have separated and I'm trying to fly from aus to NZ on the 15th but he is threatening a law suit if I leave
JA: What steps have you taken? Have you filed any papers in New Zealand family court?
Customer: No this all happened today I haven't done anything yet
JA: Have you talked to a lawyer about this yet?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I think that's it
Answered by Chris The Lawyer in 6 hours 1 year ago
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Chris The Lawyer
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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

If you are flying to New Zealand on your own there isnt anything he can do to stop you. If you are bringing children then he can stop you taking the children

Customer
What if we are both NZ citizens and I have no help here in Australia and have just lost my job
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Chris The Lawyer, Expert

The only issue stopping you is with children, do you want to bring your children?
Customer
my son's 9months old I am the primary caregiver my ex watches him 3 nights a week. What steps do I need to take to bring my son back to NZ. My ex is moving back to NZ as well at a later date but doesn't want me going b4 him
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Chris The Lawyer, Expert

There is a law called The Hague Convention which prevents children being taken from a country to another country without consent of the other parent or a court order. But if he is returning later it seems silly to try to stop you. So you could tell him you will take him to court to make him consent since he will be returning later anyway
Customer
We both live on Hamilton island but due to covid 19 they have had to let me go. With no work on island there is no way of me staying here because there is no accommodation only workers and home owners can live here.
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Chris The Lawyer, Expert

You will need to use that as the reason for a court order if he won’t consent
Customer
I have tried to talk to him but he won't listen to me he's very controlling. Do I file a claim with family court
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Chris The Lawyer, Expert

Hi
Customer
Thank you
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Chris The Lawyer, Expert

I hope he comes around

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