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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My Daughter is married to a NZ man, they have 2 daughters 2yrs,

Resolved Question:

my Daughter is married to a NZ man, they have 2 daughters 2yrs, 4yrs, the marriage has broken down, the children were both born in NZ, my daughter has diabetes on insulin injections since age 11yrs, so has health issues, she has to get away from her husband as very abusive verbally to her, she had nowhere to go in NZ, and nobody there to help her, I have a home here in UK with room for my daughter and grandchildren to come and live, how can she bring the children her to UK, her husband would not give permission for the children to leave NZ.
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi, thank you for your question, I will assist you with this.
Whilst I appreciate your daughter is in a difficult position, she must seek advice and assistance from a New Zealand lawyer.
She cannot remove the children from New Zealand without consent of the father or the court as this would constitute "child abduction", even though they are also her children and this is a criminal offence.
If she were to remove them from NZ without a court order or her husbands permission the husband could make an application under the Hague Convention to have the children removed from her custody in the UK and returned to NZ.
I appreciate that she is in a country a long way from her "home" but she will have to make the application through the appropriate channels.
This may take some time but if she seeks legal representation she will be fully advised on her rights in NZ, i.e. to remain in the family home whilst going through the process, financial support from her husband etc.
There are a lot of help and support groups worldwide, she should search online for local family lawyers and support groups (possibly even shelters if she cannot stay in the family home) in her area to assist.
I hope this assists. If you have any further questions, please ask.
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