I have a current shared custody court order - 50/50 split. I am seeking advice on my ability to pursue further custody

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Customer: Hi I have a current shared custody court order - 50/50 split. I am seeking advice on my ability to pursue further custody due to concerns that the Mother does not have the childs best interests in mind. Part of the Court order is regarding Australia travel. The mother has sent the child to Australia, over time when I was meant to have her, and over my birthday, and against my will. Now the child is stuck in Australia, mother is still in NZ. Clearly they don't care about her best interests or the court order and I want to know if I have her up for breaching the court order or I can pursue further custody or basically what my rights are regarding this situation.
JA: Hi. How long has this custody dispute been going on?
Customer: Court order was finalised Jan/Feb 2018 (I believe)
JA: Has there been any mediation on this issue?
Customer: There was no opportunity before the child was sent to australia
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so. Thanks Pearl
Answered by Chris The Lawyer in 53 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

You can still try for mediation to resolve this, even if the child is in Australia. Otherwise you will need to apply to the Family Court for parenting orders. If you need more information about mediation or going to court please let me know

Customer
Ok so seek mediation to resolve what exactly though?
Customer
because they'll never agree in mediation that they haven't considered the childs best interests and that I should have full custody. they may agree to having breached the court order but what will that achieve in mediation?
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Chris The Lawyer, Expert

Mediation can only reach a settlement but if you want orders then you must go to the Family Court

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