We are about to breach a temporary parenting order because of new information regarding the children's mother's

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Customer: Hi, we are about to breach a temporary parenting order because of new information regarding the children's mother's boyfriend who is currently up for rape and domestic violence. The children have been visiting every other weekend for 1 night stay and they are about to go again tomorrow, however, this new information makes me fear for the safety of my 3 children.
JA: Is there a parenting plan in place? What does it say about scheduling?
Customer: We applied back in May for a urgent parenting order because the mother was neglecting the children. we were granted it withint 24 hour however we had a mediation meeting and there was a temporary trial period put in place (the court order i;m talking about) to see how she goes with the children. They have been twice already now this will be their third time however this new information has come to light this week if we breach the order we can be fined $3000
JA: Has there been any mediation on this visitation issue?
Customer: yes this temporary order is in place now until the end of the school holidays but thats another 7 nights stay at mums over the holidays knowing that her partner who now lives with her is currently being sued for 2 counts of rape and domestic violence this is new information We have written to the mothers lawyer to ask that her partner not be present when they are over night but we have had no response
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We also need a lawyer to represent us. We have applied for legal aid and that is processing
Answered by Chris The Lawyer in 6 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

Customer
ok thank you
Customer
messaging is fine at this stage
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Chris The Lawyer, Expert

The safest course would be to make an urgent application to the Family Court to stop the next contact visit unless there are protections in place to keep the partner away from the children during the visit. If there is a court order it is risky to just refuse to comply. The urgent application would be to freeze the visitation until the issue has been investigated

Customer
ok thank you however i feel this is too late as they are being picked up tomorrow at 9am.
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Chris The Lawyer, Expert

If you are seriously concerned and did not have time to deal with this issue this week you could refuse to hand them over but you would need strong evidence the children are actually at risk from this peron, and you would run the risk this could re bound

Customer
The courts have lodge their independent investigation which is already filed with the courts should this go to court. As part of that investigation the recommendation is that the children should only have supervised visits because of the new information regarding the mothers partner. I think the form was a s132 report. It clearly states in that report
Customer
It was only put in this week and the children's lawyer said its too late for us to act on this which means we will have to breach the court order as we have had no response from the mother or her lawyer
Customer
We were not aware of any of this whilst in mediation
Customer
the temporary trial visitation before we agree on anything else is already in place
Customer
One thing for sure we will not be allowing the children overnight visits if he is there from now moving forward so this is actually going to court seeing we have no response from their mother
Customer
we tried contacting 4 lawyers... all are busy... so we are battling this ourselves
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Chris The Lawyer, Expert

You could take the risk but there could be problems

Customer
I feel we need to think more about the kids safety
Customer
can you recommend a lawyer in christchurch to help us please
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Chris The Lawyer, Expert

Try Portia Law https://www.portia.law/

Customer
we already have tried them they never got back to us
Customer
we left 3 messages
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