Hi there. It sounds like you are in a difficult position. It is not clear whether a parenting order has been made under Australian law in relation to your daughter. A parenting order is an order made by a court, usually the Family Court of Australia, that specifies the parenting arrangements for a child (i.e. who the child will live with, how the child will communicate with their parents, how much contact the child will have with other people in their life, such as grandparents).

If a parenting order is in place in relation to your daughter, you are required by Australian law to follow the terms of that order. If the order does not grant you partial custody or visitation rights, then you are not legally entitled to exercise these rights. However, it is possible to change an existing parenting order by applying to the Family Court or Federal Circuit Court. You must show the court that there has been a significant change of circumstances that makes a change necessary. If the grandparents do not want to change the current parenting arrangements, they may be entitled to dispute the matter in court.

If the grandparents agree that the current parenting arrangements should be changed, and any existing parenting order does not prohibit it, you can enter a “parenting plan” which reflects these changes. A parenting plan is a written agreement that specifies the parenting arrangements for a child. The document can be negotiated between the relevant parties and does not need to involve the courts.

Your situation is complicated by the fact that your daughter lives in another country. All of the above information is based on Australian law and will only apply if your daughter ordinarily lives in Australia or, in relation to any court proceedings, if an Australian court has been asked to decide the matter on behalf of a New Zealand court. You will need to speak to a New Zealand lawyer about the laws of that country and what your options are. If you intend to bring your daughter to Australia to live with you, you will need help navigating the very complex system of laws that regulate the movement of children to different countries.

More information about Australian family law can be found on the Family Court of Australia website (www.familycourt.gov.au). New Zealand family law information is available on the NZ Justice website (www.justice.govt.nz).

Suggested way forward

Your situation raises important legal issues that need specialist advice from an Australian family lawyer and/or New Zealand family lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.