I have a 12 year old son in New Zealand now. He wants to come back to Australia but he said his dad doesn't want him to

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Customer: I have a 12 year old son in New Zealand now. He wants to come back to Australia but he said his dad doesn't want him to come back. Do I have a right to get him. I am residing in Australia
JA: Have they talked to a lawyer about this?
Customer: No. I am concerned about him and he's safety. He told me there's only one reason he why he wants to come back. I just want to understand what should I do with this situation. Do I have a right?
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: Nothing.. like I said just want to know what should I do. I want help
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My son was staying with me since my husband left me and our children but when my son and daughter went back to the cook islands for my grandmothers funeral he didn't return.
Answered by Chris The Lawyer in 6 mins 1 year 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

You can apply to the Family Court for a parenting order but it can be difficult to get a child moved out of country to another. It would be necessary to get a lawyer appointed for the child who would tell the court what is in his best interests. It would have been a good idea to apply promptly when he did not return- how long ago was this?

Customer
Since September 2018 he started staying with his dad. I only talk to him a few times and then we lost connection. I remember the last time I talk to him he was crying on the phone and his dad took the phone of him. Last month they came to New Zealand that's when when he contacted me again.
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Chris The Lawyer, Expert

You can apply for more contact with him if his father will not allow this. This could be by phone or facetime or Zoom and may be a start. Another possibility might be to get a family mediator to see if a mediation would work for more contact

Customer
The easiest way for me to contact him is by messenger or I can call him on there home phone if only I have their phone number. The only problem is they stay with my husband girlfriend it's gonna be hard for us to communicate. I tried to add them on Facebook to get connection with them. They didn't respond to my friend request.
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Chris The Lawyer, Expert

You could see if mediation will result in a firm agreement they will let you talk to him

Customer
Ok, but does he have a right to stop him to come visit me and his siblings?..I just want our son to be happy and safe because he said he always get a hiding everytime he makes small mistakes like not feeding pigs properly and other things he wants him to do. He said he beats him until he falls to the ground.
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Chris The Lawyer, Expert

His father should not be hitting him at all. And he cannot stop your son visiting you

Customer
Thank you so much Lawyer Chris..Your answers to my questions are so helpful. So is it alright for me to get a lawyer for the child if he still doesn't allow him to come visit.
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Chris The Lawyer, Expert

If you apply in court for orders for contact the judge will appoint a lawyer for the children
Customer
Hi Chris do I have to apply court order in New Zealand or Cook islands. Cos my son stays in the cook islands but we are New Zealand citizen
Customer
I mean parenting order
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Chris The Lawyer, Expert

You would need to apply in the Cook Islands if he lives there
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