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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Our daughter in New Zealand is experiencing severe problems

Resolved Question:

Our daughter in New Zealand is experiencing severe problems with split from husband. She was married in the UK and is still a UK citizen. Is there any way the divorce could be dealt with in this country.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family law solicitor.
Your daughter can pursue a divorce in England & Wales if either party:
(a) are domiciled in England or Wales when the proceedings are begun, or
(b) are habitually resident in England or Wales throughout the period of one year ending with the date on which proceedings are begun.
Domiciled basically means having a significant connection with England, for example if she is in New Zealand working temporarily.
In relation to removal of her daughter from New Zealand, this is something that the New Zealand courts will have to deal with. In England if the father refuses removal from the country then she would have to apply for a specific issue order for the court to decide on this point - New Zealand are bound to have something similar.
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Please rate positive if you found this information helpful.
Expert:  Clare replied 1 year ago.
HiThank you for your question.Your daughter cannot bring the child to the Uk without the agreement of the father - or an Order from the New Zealand CourtsYou can read more herehttps://www.passports.govt.nz/Preventing-Children-Being-Taken-from-New-ZealandAs things stand she cannot issue a Divorce Petition here since she is not resident here and there is no reason why an applictaion cannot be made in New Zealand.Please ask if you need further details - or use the New Zealand option if you want some advice from there!
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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