My partner has 4 children to an ex partner. Everytime we are meant to get them she will change her mind because either

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Customer: My partner has 4 children to an ex partner. Everytime we are meant to get them she will change her mind because either her child support has gone down or she doesn't like his attitude towards her etc. This is breaking the kids mentally. Can we get a order to up lift them
JA: What steps have they taken? Have they filed any papers in family court?
Customer: Medication but she's failing at that aswell.
JA: Family law varies by state. What state are they in?
Customer: New Zealand
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, we just want the kids in our care its not good for there mental health
Answered by Chris The Lawyer in 10 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, Expert

Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today. Please wait while I read the question so I can make the most useful response

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Chris The Lawyer, Expert

It is a pity mediation has not worked. If you have a court order then you can enforce this. It will be necessary to apply to court for a warrant, and she cannot stop the contact taking place. the child support issue should not be related to the contact so that should not be an obstacle

Customer
Thank you, ***** ***** anyway we can get a order put in place now to keep the kids. We have huge mental health concerns. If don't play the game her way she still still the cops
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Chris The Lawyer, Expert

The police are only involved if the warrant needs to be enforced. Has there been any court case over custody and contact?

Customer
No there hasn't been a court case for this. The oldest is 10 and crys for the last 4 or so days before she goes home if we are to get them for school holidays.
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Chris The Lawyer, Expert

You will need to apply for an order defining contact, with the pickup, drop off times and places, and sorting out holidays and special occasions. If you have tried mediation you can go directly to the court

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Chris The Lawyer, Expert

A lawyer will be appointed for the children and advocate for what is best for them

Customer
How long does that take to get a defining order?
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Chris The Lawyer, Expert

It can take a few months. Sometimes making the application and filing it in court and serving it on her, is enough to reach an agreement by negotiation, which you can make into a court order

Customer
In what grounds do we having getting a order put in to have them in our custody. They spend alot of time with there grandparents, the child being upset if more on the lines of neglect
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Chris The Lawyer, Expert

The test is what is their best interests. If you could show they would be significantly better off with you, that would be the basis for applying for custody

Customer
My partner wants them now what grounds do we have to get a order in place? They never want to go home always tears etc
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Chris The Lawyer, Expert

Children are often upset with the transition but that doesnt mean they should stay with him. You need to look at the whole situation of parenting, what she can offer, what their father can offer, and what is best for the children

Customer
if we get a court order, we will be forever ringing the cops to get the kids because she isn't happy with him.
Customer
She moved them 7 hours away, 1 weekend she said yes you can see them drive all the way there for her to to call the cops after 30 minutes because he wouldn't go away and talk with me.
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Chris The Lawyer, Expert

Was this a one off move? Is there a protection order in place? Did the police turn up when she called?
Customer
There's no order in place, she wasn't happy so she got him taken away, the kids where screaming. She moved them to her parents house
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Chris The Lawyer, Expert

Clearly there need to be some rules about contact and parenting and the next step, as I suggested will be to apply to the Family Court

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