Shared Custody: Accompanying Guardians Movement Across Alert Level Boundaries
M Murphy made this Official Information request to Ministry of Justice
The request was successful.
From: M Murphy
Dear Ministry of Justice,
Please provide clarification around shared custody and accompanying guardians travelling across Alert Level boundaries for the purpose of collecting or returning children from their other parents place of residence.
1) Must the accompanying guardians travel be completed in one trip?
Example: Parent A travels from Alert Level 3 to Parent B's residence in Alert Level 2, collects children and returns to residence in Alert Level 3)
2) Where parents with shared custody agree that it is their preference for children not to travel between Alert Levels, are parents able to opt to utilise this exemption to spend time with their children in a different Alert Level than their Alert Level of residence?
Example: Parent A resides in (Auckland) Alert Level 3, travels to Parent B's home in Alert Level 2, collects the children and then stays in alternative accomodation in Alert Level 2 with the children for a week prior to returning to their home in Alert Level 3. Or vica versa.
Thank you.
Yours faithfully,
M Murphy
From: OIA@justice.govt.nz
Ministry of Justice
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From: OIA@justice.govt.nz
Ministry of Justice
Kia ora M Murphy,
We acknowledge receipt of your request for information regarding shared
custody.
This has been forwarded onto the relevant business unit to respond to.
You can expect a response as soon as practicable.
Ngā mihi,
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800
[1]www.justice.govt.nz
-----Original Message-----
From: M Murphy <[FOI #17388 email]>
Sent: Friday, 29 October 2021 11:26 am
To: [Ministry of Justice request email]
Subject: Official Information request - Shared Custody: Accompanying
Guardians Movement Across Alert Level Boundaries
Dear Ministry of Justice,
Please provide clarification around shared custody and accompanying
guardians travelling across Alert Level boundaries for the purpose of
collecting or returning children from their other parents place of
residence.
1) Must the accompanying guardians travel be completed in one trip?
Example: Parent A travels from Alert Level 3 to Parent B's residence in
Alert Level 2, collects children and returns to residence in Alert Level
3)
2) Where parents with shared custody agree that it is their preference for
children not to travel between Alert Levels, are parents able to opt to
utilise this exemption to spend time with their children in a different
Alert Level than their Alert Level of residence?
Example: Parent A resides in (Auckland) Alert Level 3, travels to Parent
B's home in Alert Level 2, collects the children and then stays in
alternative accomodation in Alert Level 2 with the children for a week
prior to returning to their home in Alert Level 3. Or vica versa.
Thank you.
Yours faithfully,
M Murphy
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From: correspondence, official
Ministry of Justice
M Murphy
[1][FOI #17388 email]
Our
ref: 91735
Tçnâ koe
Shared custody arrangements during COVID-19 Alert Level restrictions
Thank you for your email of 29 October 2021, regarding shared custody
arrangements and travel across COVID-19 Alert Level boundaries.
My response to your questions are below. I hope you can understand that as
a government official, I am unable to offer legal advice on how the rules
apply to any person’s particular circumstances.
1) Must the accompanying guardians travel be completed in one trip?
Example: Parent A travels from Alert Level 3 to Parent B's residence in
Alert Level 2, collects children and returns to residence in Alert Level
3)
Yes, so far as is reasonably possible, parents travelling between COVID-19
Alert Levels for shared care arrangements should complete their journey in
one trip. This means a guardian should travel and collect a child and then
return to their home in one trip.
2) Where parents with shared custody agree that it is their preference for
children not to travel between Alert Levels, are parents able to opt to
utilise this exemption to spend time with their children in a different
Alert Level than their Alert Level of residence?
Example: Parent A resides in (Auckland) Alert Level 3, travels to Parent
B's home in Alert Level 2, collects the children and then stays in
alternative accommodation in Alert Level 2 with the children for a week
prior to returning to their home in Alert Level 3. Or vice versa.
No, this is not permitted. Only a child is permitted to travel under a
shared parenting arrangement to another COVID-19 Alert Level area and then
visit or stay in that area with the caregiver who lives there. Caregivers
are only permitted to travel to another Alert Level area to accompany
their child to the home of another shared caregiver or to collect their
child from another caregiver’s home. They may not travel to another Alert
Level area to spend time in that area with their child.
As you may be aware, there is some general guidance about shared parenting
under different Alert Levels on the Ministry’s website here: [2]Guidance
for managing shared parenting during COVID-19 Alert Levels | New Zealand
Ministry of Justice
Thank you for writing.
Nâku noa, nâ
Helen McDonald
Policy Manager, Policy Group, Courts & Justice Services
Ngâ mihi,
Ministerial Relations and Services
Ministry of Justice | Tahû o te Ture
Strategy, Governance and Finance
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From: M Murphy
Dear Helen,
Thank you for your clear response.
Appreciate it.
Yours sincerely,
M Murphy
From: correspondence, official
Ministry of Justice
Thank you for contacting the Official Correspondence mailbox for the
Ministry of Justice. We will endeavour to respond to your email within 2
working days.
Please send any OIA requests through to [1][Ministry of Justice request email] and
complaints through to [2][email address]
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