I would like toknow if I can return home to nz with my daughter as a domestic viloence victim in australia with no

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Customer: I would like toknow if I can return home to nz with my daughter as a domestic viloence victim in australia with no family here. My daughters father agreed I could go home and is now saying I cannot. i do not have any parenting arrangement through the courts
JA: Has an emergency custody motion been filed?
Customer: My little girl is 5 and I am her primary caregiver no
JA: When did this happen exactly? Have the police been involved?
Customer: I have been in a DV relationship with her dad for 6-7 uyears and I finally left last nov. Due to covid I have not been able to get home No the police have not I have been too scared, ashamed and embaressed to go to the police
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 thats all
Answered by Chris The Lawyer in 13 mins 9 months 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 Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

You cannot take your child back to New Zealand without consent of the father. You can apply to the Family Court of Australia for permission to travel to New Zealand with her but that is not always easy. You can cite the domestic violence as grounds for the application however

Customer
He did agree and now he is saying no. I have no support here at all. Not one family member
Customer
I cannot be expected to stay here with no help no support because he says so after being a DV victim surely.
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Chris The Lawyer, Expert

The Hague Convention means you cannot take a child from the country where they normally reside, and if you do without permission or a court order, then the child will be returned to the other parent, and you will lose custody

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