My Son lives in Aussie. He has a daughter in NZ. His ex partner is now married. They want to adopt the daughter. Is this

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Customer: My Son lives in Aussie. He has a daughter in NZ. His ex partner is now married. They want to adopt the daughter. Is this an easy process. My Son would agree to this
JA: What steps have they taken? Have they filed any papers in New Zealand family court?
Customer: none
JA: Have they talked to a lawyer about this yet?
Customer: Yes I believe so, the Lawyer siad they should just ask for Guardianship. My Son pays a ridiculous amount of child support and is not aloud to talk or see his daughter, if he agrees to Guardianship he still pays child support. This is really affecting his finances
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He won't agree to Guardianship and changing the surname if he has to keep paying child support
Answered by Chris The Lawyer in 10 mins 10 months ago
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Chris The Lawyer
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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 Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

Adoption would end the child support, but as you are aware, guardianship will not. If they go for guardianship he could insist that he can have contact with his daughter, by Facetime or Zoom. If he says that, then they may agree to adoption

Customer
My Son lives in Australia. His ex partner lives in Whakatane and is recently married. They are asking to change the Daughters Surname and seek Guardianship. When the relationship broke up it wasn't great and the mother had a restraining order placed on my Son, that was 7 years ago. He has not spoken to her or his daughter since then and has moved to Australia and has a new life. The thing that really upsets him is that he pays a ridiculous amount of Child Support for a Daughter he never sees or talks to. We have asked on 2 or 3 occasions to agree to a Private Agreement, but they say no to anything we have asked. The Ex Partner's father is not a fair person and just refuses anything. Now they are knocking on our door because they want this new arrangement. My Son said he would agree to Adoption, but they came back and said no that is too difficult through the legal system. It looks quite simply to me from what i have read.... My Son's position now is to refuse the Name Change & Guardianship and say Adoption is the only way forward. He would possibly compromise to agreeing if they agreed to a Private Agreement. Do you think we are on the right track,
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Chris The Lawyer, Expert

Adoption with your sons consent would be much easier than the application for appointing an additional guardian and a name change. So they need to decide how they want to proceed. If he has been prevented from contact, that can be grounds for reducing child support through Inland Revenue

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Chris The Lawyer, Expert

Name changes are not given easily and there has to be a strong case to remove him as a guardian

Customer
Great thanks, ***** ***** start with that.
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Chris The Lawyer, Expert

Let me know if I can help further. I am following up to see if this is all you need, or there are still some issues.

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