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-   -   NZ Social Security Benefits (https://britishexpats.com/forum/new-zealand-83/nz-social-security-benefits-527752/)

weebossyboots Apr 8th 2008 11:40 am

NZ Social Security Benefits
 
Here's a scenario for you:

British Mum and Kiwi Dad move to NZ with 2 Kiwi kids (dual citizenship).

Mum and Dad divorce not long after (the move wasn't the solution after all)

Does mum get any social security benefits? Or is UK mum kidding herself on that 1/ All governments are as generous as UK government (WTC, council tax benefits) and 2/ she'd not be entitled to anything anyway as she's a Brit?

And 3/ if she's not entitled to anything can ex (or indeed Kiwi grandparents) still stop British mum taking (now convieniently) British kids back to UK?

Please advise

brussels_sprout Apr 8th 2008 5:31 pm

Re: NZ Social Security Benefits
 
I will try to be very nice and neutral here as i have been on the receiving end of the reverse of your situation.

You are not entitled to any benefits, although you will receive "emergency situation" funds. You will not have a very pleasant life on such an income, but you will have enough to live on.
Your husband could stop you taking the kids out of the country if he wished, by taking out a court order (the nationality is irrelevant), then you will have to have a court battle, for which you would get free legal aid, unless you worked in above average paid job. The NZ lawyers will ask your kids about their wishes and depending on what they say two extremes are possible, 1. you will be able to take them back to UK eventually or 2. the court may give half custody to your ex and you will have to stay. This will take quite a few months, maybe extending to years if "psychological" reports are involved. Alternatively you could come to a mutual agreement outside the law without a court battle, but depending on how much he loves the kids, would involve staying in NZ.

In reality NZ courts still have the old "tender years" philosophy, enabling women to win and do what they want with the kids. Your solicitor will tell you to do some dirty tricks which will indefensible by the father. NZ family law is 20 years behind the rest of the world, very feminist and family destructive.

If you tried just taking the kids out of the country, it would be very difficult for your ex to get the kids back, but this would have to be done very soon. This could also be the start of possible further problems.
You can get free legal advice in many places, local women's groups.

There , i did not rant (much)!

Perhaps you should try to be less bossy and i should be less sprouty !

weebossyboots Apr 9th 2008 8:26 am

Re: NZ Social Security Benefits
 
Thanks for that. lol - and yes less bossy would be a good start! ;)

I'm aware of the crap you went through as I had read your thread. I hope things are improving for you - I have altenative word(s) for your "chic" ex!

I also know what my Kiwi ma- and pa-in-law are like (they are trying to get custody of one grandson - even though they think their son's ex is a good mother! - they're not exactly the most loving /forgiving family)

I'm hoping that the last few weeks are a result of the stress of trying to sell our house for the last 8 months and I was just exploring my opportunities if it all goes pear shaped. The reason I didn't move to NZ years ago is the crap the inlaws have dealt out and the knowledge that I can't remove the kids, even if OH agreed I could go, due to the grandparent rights over there then they could step in and stop me.

Do I take the risk? Is life too short not to? Or do fools rush in?

garryhg Apr 9th 2008 8:51 am

Re: NZ Social Security Benefits
 

Originally Posted by weebossyboots (Post 6181555)
Thanks for that. lol - and yes less bossy would be a good start! ;)

I'm aware of the crap you went through as I had read your thread. I hope things are improving for you - I have altenative word(s) for your "chic" ex!

I also know what my Kiwi ma- and pa-in-law are like (they are trying to get custody of one grandson - even though they think their son's ex is a good mother! - they're not exactly the most loving /forgiving family)

I'm hoping that the last few weeks are a result of the stress of trying to sell our house for the last 8 months and I was just exploring my opportunities if it all goes pear shaped. The reason I didn't move to NZ years ago is the crap the inlaws have dealt out and the knowledge that I can't remove the kids, even if OH agreed I could go, due to the grandparent rights over there then they could step in and stop me.

Do I take the risk? Is life too short not to? Or do fools rush in?

I would think long and hard about your impending move,you thin k its stressful in Uk,its worse when you get here,IMHO,I consider my marriage to be very strong,but we had a few close shaves in the first few months of being here...thankfully things settled down..but the small things are magnified a hundred times over when you are in a different country..IMHO moving to Nz would not mend a problem ,just escelate it...but good luck with your plans...jacky

garryhg Apr 9th 2008 8:53 am

Re: NZ Social Security Benefits
 

Originally Posted by brussels_sprout (Post 6178950)
I will try to be very nice and neutral here as i have been on the receiving end of the reverse of your situation.

You are not entitled to any benefits, although you will receive "emergency situation" funds. You will not have a very pleasant life on such an income, but you will have enough to live on.
Your husband could stop you taking the kids out of the country if he wished, by taking out a court order (the nationality is irrelevant), then you will have to have a court battle, for which you would get free legal aid, unless you worked in above average paid job. The NZ lawyers will ask your kids about their wishes and depending on what they say two extremes are possible, 1. you will be able to take them back to UK eventually or 2. the court may give half custody to your ex and you will have to stay. This will take quite a few months, maybe extending to years if "psychological" reports are involved. Alternatively you could come to a mutual agreement outside the law without a court battle, but depending on how much he loves the kids, would involve staying in NZ.

In reality NZ courts still have the old "tender years" philosophy, enabling women to win and do what they want with the kids. Your solicitor will tell you to do some dirty tricks which will indefensible by the father. NZ family law is 20 years behind the rest of the world, very feminist and family destructive.

If you tried just taking the kids out of the country, it would be very difficult for your ex to get the kids back, but this would have to be done very soon. This could also be the start of possible further problems.
You can get free legal advice in many places, local women's groups.

There , i did not rant (much)!

Perhaps you should try to be less bossy and i should be less sprouty !

well done Brussel Sprout:thumbsup:very diplomatic...time must be working its magic on you....jacky

brussels_sprout Apr 9th 2008 11:36 am

Re: NZ Social Security Benefits
 

Originally Posted by weebossyboots (Post 6181555)
Thanks for that. lol - and yes less bossy would be a good start! ;)

I'm aware of the crap you went through as I had read your thread. I hope things are improving for you - I have altenative word(s) for your "chic" ex!

I also know what my Kiwi ma- and pa-in-law are like (they are trying to get custody of one grandson - even though they think their son's ex is a good mother! - they're not exactly the most loving /forgiving family)

I'm hoping that the last few weeks are a result of the stress of trying to sell our house for the last 8 months and I was just exploring my opportunities if it all goes pear shaped. The reason I didn't move to NZ years ago is the crap the inlaws have dealt out and the knowledge that I can't remove the kids, even if OH agreed I could go, due to the grandparent rights over there then they could step in and stop me.

Do I take the risk? Is life too short not to? Or do fools rush in?

Isn't it dangerous, he may read this ? You don't want to give your future plans away either. Mmm going into in-laws lair may be a little dangerous, doncha think ? Only you know the answer, but the bottom line is that you will get enough to live on if that situation arose.

weebossyboots Apr 9th 2008 11:59 am

Re: NZ Social Security Benefits
 

Originally Posted by brussels_sprout (Post 6182216)
Isn't it dangerous, he may read this ? You don't want to give your future plans away either. Mmm going into in-laws lair may be a little dangerous, doncha think ? Only you know the answer, but the bottom line is that you will get enough to live on if that situation arose.

Yes, it's always been a risk going into the lion's den!! OH knows my fears and his reassurances have persuaded me to make the leap of faith. (He won't read this as he's not British, nor an expat, and is too busy anyway but even if he did he knows how I feel).

Just, you never know what's around the corner.

Thanks for the info though.


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