Q & A
Abusive Partner
Q: I had to take my kids with me to a refuge to escape my abusive ex-partner. He is still living in our family home. I want to get a protection order against him, but I’m worried that me and the kids won’t have anywhere to go if we get the order. What can I [...]
Proceeds of Crime
Q. I have been served with an application for forfeiture of my assets, which the police say are proceeds of crime. I have not been convicted of a criminal offence. Can the police do this? A. The law relating to proceeds of crime in New Zealand has changed with the introduction of the Criminal Proceeds [...]
Domestic Violence
Q. I have been married to my partner for about 10 years and we have two children together. He lost his job and we have all been under a lot of stress recently. While we were having an argument about money he got really aggressive and pushed me. At the time I was really scared [...]
Recent Separation
Q. I have very recently separated from my partner. We have 2 children together. Although we have had fights and separated in the past, this time I think it is final. While I don’t want to stop him seeing the children, I would like to have something consistent in place for the contact arrangements. Can [...]
Enforcing a Judgment
Q. I filed proceedings about a debt I was owed in the District Court and the debtor never responded so I think I have won. I am not sure what to do now though, about actually getting the money I am owed. Can you assist? A. Yes we may be able to help. You [...]
Spousal Maintenance
Spousal maintenance refers to financial support that is payable in some situations by one partner to the other upon separation. Maintenance is generally awarded for a limited period of time to allow the recipient to become self-supporting. On occasion we act for clients who want to oppose an application for maintenance brought by their [...]
Custody
Q: My ex-partner and I share care of our 15 year old daughter. Lately, my ex-partner has been refusing to let me take our daughter as she says that I am not paying her enough in child support. What can I do about it? A: Under the Care of Children Act 2004, you can only [...]
Order Preventing Removal from NZ
Q: I got an email from my ex-wife saying she is moving to Samoa with our daughter. She has already got tickets and is leaving in 2 days. What can I do? A: If there is a threat that your daughter will be taken out of New Zealand we can request that a ‘stop’ be [...]
Guardianship
Q: My ex wants to move to England with our kids. Can I stop them? A: The country children are bought up in is a guardianship matter. As parents, this is an important decision that you and your ex-partner should make together. If you can’t agree on what should happen, you can make an application [...]
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Parenting Agreement
Q. I am a father of two children who are both at primary school. I separated with their mother about 2 years ago and we had come to a fairly amicable arrangement for spending time with each of us up until now. She has recently moved in with a new partner and they live much [...]