I have a family court matter, I am stuck outside of NZ. And wanted to ask if I can get counsel from being outside. Of

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Customer: Hi
JA: Hi. How can I help?
Customer: I have a family court matter, I am stuck outside of NZ
JA: Have you talked to a New Zealand lawyer about this?
Customer: And wanted to ask if I can get counsel from being outside
JA: What steps have you taken so far?
Customer: Of the country
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'll explain more to lawyer
Answered by Chris The Lawyer in 40 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
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Chris The Lawyer, Expert

I am a New Zealand lawyer based in Wellington. How may I help today?
Customer
Hello my name is***** , I have family court matters. I am in Bali Indonesia where I have lived got last 5 years, my 3 children are in NZ bring cared for by a Gaurdian , in the early stages of covid restrictions, the communication that I was having to my children stopped. I have a shared parenting order with her. The Gaurdian also refused contact, in my eyes this happened because her payments from me , were becoming hard from me, she took it on herself to go to the government for support financially, and then just dropped the parenting orders. She has made a few contacts by email saying she is not coping, I have said many times ill return to take over care, I had an agreement to make it back by the 28th November , but now she has out of the blue emailed saying the children will not be released to me until the courts say so.
Customer
We have made allot of arrangements, but now it seems to be going to be a hard corse to take to take over care, which I had assumed she wanted based on emails, detailing this.
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Chris The Lawyer, Expert

You may need to start a process to take over parenting when you return. You could try a mediation over Zoom which could discuss the matters in dispute. Organisations like Fairway can set this up for you and this may be better than trying to email
Customer
Hi, I have tried to do a mediation back in February before covid shut us down here, but she refused. What I want is to set up a communication away from her the carer, so not in the same building, to talk to my children to make sure they are OK firstly, and try to gage if they need me back to be with them, as the carer now will protest this and want to keep her role, after telling me different
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Chris The Lawyer, Expert

If you make an application for a parenting order the court will appoint a lawyer for the children, who could talk to the children

Customer
I have a parenting order
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Chris The Lawyer, Expert

Yes, but you want to restore contact, and so in applying for retoration of contact, you would get a lawyer for the children

Customer
the carer is saying that a lawyer will be appointed to them, I want to know what is really going on with my children, as they have been blocked from and the carer keeps changing stories
Customer
even if there will be one appointed already ??
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Chris The Lawyer, Expert

The court appoints the lawyer for the children so it isn’t her choice but the court makes this decision
Customer
I feel this is going to be done already, as the carer is now saying that this will need to be done, as its an amendment to the parenting order if I was to take into my care.
Customer
Is there away to be able to speak to the children in an environment away from the carer , to get there side on this, or do I have to get back to nz to have any form of communication to them.
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Chris The Lawyer, Expert

You should be allowed to talk to them. That should be away from her.
Customer
Is it a case of applying to the court for this to happen, or trying to talk to the family lawyer about this.
Customer
Lawyer for the children I mean
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Chris The Lawyer, Expert

The process is that if either of you apply to the family court for changes to the parenting orders, then the court will appoint a lawyer for the children
Customer
Good morning, how can I search to see if the carer has filed for a change of parenting order , and who is the lawyer for the children so I can speak to that lawyer, would I just be informed anyhow, and I need to wait, or can we try to find this out now. The sooner I get to speak to that lawyer about talking to my children, then I can make plans on either leaving now to go back, or not. It is very difficult to travel now.
Customer
My ordeal is, getting visas for my wife, getting tickets to get back now, finding a house to rent in nz, which is very hard if you are oversees, all this has been given to me to do as I thought the carer wanted to leave her position, now it seems she does not want to leave, and has asked the lawyers for input.
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Chris The Lawyer, Expert

If she has filed an application in the Family Court then she must serve the papers on you. Until that happens the existing court orders still remain, until changed by the Family Court. You do not need to return to start your own application about changing the arrangements

Customer
Very vague answer
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Chris The Lawyer, Expert

the lawyer for the children will not be appointed until there is an application filed by you or her

Customer
can we find out if she has filed to court. Or should I file anyhow and try and get the information I need.
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Chris The Lawyer, Expert

So there is no lawyer for the children unless either you or her file an application, and the court makes the appointment. If you want to move matters along you will need to file an application yourself.

Customer
if she has all ready filed will mine be dismissed , or will the application be heard at the same time, treated as a separate case to hers ?
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Chris The Lawyer, Expert

If you both file, the cases will run together

Customer
Thank you by the way for these answers you are giving me.
Customer
Ok , so I can file this application directly try with the court , even though I am currently outside of NZ, she can't serve me as I am not there, but she could be served.
Customer
What family court lawyers do you have under your team, in Palmerton north, and would they act on behalf on myself if I am not there, and am I able to get legal aid if I can prove I am not employed at the moment.
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Chris The Lawyer, Expert

If you file an application you will need an address for service of documents in New Zealand-and she would need to serve the papers there. This would usually be at your lawyers office in New Zealand. So if you instruct a family lawyer they would be the place for this. I can suggest some legal aid lawyers in Palmerston North

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Chris The Lawyer, Expert

You could attend any court cases by AVL link if necessary-with Covid many are doing this

Customer
That would be great if you could recommend legal aid lawyers, and I could start my own application to the court,
Customer
ok yes, I feel this is much better to try and establish with the court first before trying to get back through all the obstacles to get back just to start dealing with this. I need to speak to my children
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Chris The Lawyer, Expert

Several names as a start

Customer
Thank you very much, I ferl i am clear on what is needed.
Customer
Feel,
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Chris The Lawyer, Expert

That is great, and feel free to ask further

Customer
One question I have, can a lawyer act for me without having viewed myself, can they act for me being outside of NZ, I suppose now things may have adapted due to Covid restrictions of being in person any how.
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Chris The Lawyer, Expert

They can act, and may use Zoom or similar to chat to discuss the case-that is what I do in such cases. (But I am not a legal aid provider)

Customer
Ok , the reason I am asking is I had asked ***** ***** before, and the legal secretaries response was no as I had to be present in nz. I'll try again.
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Chris The Lawyer, Expert

That should not be necessary-especially with Covid restricting travel

Customer
Thank you ill try to get through now.
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Chris The Lawyer, Expert

Great

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