Pom_Chch

I would tread very carefully tbh. You just don't know who people can be associated with - gang members or other such nasty people. They would see nothing in driving an hour to find the person they need to find. Sure, this boyfriend could just be a total jerk but you don't know. If you know the person as a friend, family member or a friend of a friend then you know more about the situation to be able to help out on a more personal level. But a person who you know nothing about from a forum then I feel it's best left alone. That may sound callous but sometimes you have to be to protect your own.

BEVS

The order in place appears to be a non-violence order . This means that the couple are probably still living together.

At the first moment he breaches the order she calls 111 for the police. Those calls are free and require no phone credit.

Police arrive and if she states she is willing they will take her to a Woman's Refuge safe house. She would be given an emergency family room and plenty of support and assistance . That is how it works.

If she is willing to remain in the home with him, then all the police can do is calm the situation and respect her wishes to remain with him.

If she states she no longer wishes him to live with her & vice versa , then the order would be changed to a non-contact order. This means that should he step over her boundary lines for any reason, he would be arrested.

Bottom line with this. Leaving this man has to come from her.

From what is written , they are both UK Citizens. Therefore the baby is eligible for a UK passport.

With a 4 yr temp work visa/permit, this man is still required to maintain a good character . If he is not doing this, then he could face deportation. He would not gain NZ residency with a police record for violence.

Pollyana

thanks for a clear view of her options

Shirtback

+1

BritInParis

An application for a British passport only requires the consent of one parent. As such as your sister should get the application on the go as soon as possible if she wants to leave the country with the children.

https://www.gov.uk/overseas-passports

Your sister should also contact the British High Commission in Wellington. They should be able to provide your sister with legal information regarding removing the children from New Zealand. Your comments regarding Interpol do not make sense - Interpol does not involve itself with visa applications.

https://www.gov.uk/government/world/...ion-wellington

She can also call the FCO in London for consular assistance.

+44 20 7008 1500

beccyb1

Thankyou for all the very useful information ,i have only said a bit of the story as its very long winded and i could write a novel with it. I can only go off what my sister tells me ,which was that he can stop them leaving the country ,her solicitor tol her that.. She was staying in someones caravan upto this weekend just gone but they were having troubles of their own and asked her to leave .She had no where to go and retutned to that house with numbnuts ,dont as why i dont know ,i am exasperated by it all too.She is obviously not thi king straight but who does when you have just had a baby let alone going through aggro as well.Thankyou Pollyana for the advice about your passports ,i didnt know that .I was just going off my friends info ,she got her citizenship last year so told me i wouldnt getback without an Oz passport.Do your know of anything else i can do ,i did ring the high commision who are restricted to privacy laws and couldnt say a lot tome .I did get my sister to call them and she has authorised the lady at Aviva to act on her behalf and to consult with someone from there and immigration on her behalf in trying to get passports and permissions to leave .

BEVS

Thanks for confirming that BiP. It is what I thought but hesitated to post as was unsure.

We don't need to read your sister's story beccyb1 and we should not. It is her private affair. We will all just try to give you what we can , in order for her to gain what she needs .

I agree though. Your sister is not thinking clearly. Last weekend you could have booked & paid for a motel unit for her so there was that option to not return to the shared rental. She could also have rang the Womans Refuge helpline.

Still. Moving along .

Are you currently helping to fund her leave the premises. From there the protection order can be altered to ' no contact'.

BEVS

With regard to the above . What do you feel may be the newborn's status in NZ ? Does the baby even have an NZ status ?

In an earlier post the OP stated that the 20 month old entered NZ per the NZ visa process. So. The ex-partner is here on a temporary work permit only
( which could be revoked given the visa requirement to maintain 'good character' which a police record of 'incidents' might well suggest otherwise & would certainly stymie a residence application)

The OPs sister is here on the back of that under the family stream and the 20 month old will be on a visitor visa as being pre-school.

Therefore all are here in Nz temporarily and any one of them are free to leave Nz at any time.

However, from posts, the new born has not been entered into the NZIS visa process & system

It is not clear if the baby's birth is registered. It would have an NZ birth cert but that does not automatically make him/her an NZ citizen. Especially given neither parent is an NZ resident but here on temp visas. It wold make him a child born overseas to UK parents.

My other thought is that the violence should be recorded with the constabulary if it hasn't been already. I would hope it has been. -

My thought is that there may be a custody issue HOWEVER I am not sure why New Zealand would involve itself with this for temporary workers who have no leave to remain.

BritInParis

As neither parent is a New Zealand citizen or a permanent resident both children are only British citizens. My knowledge of the NZ immigration system is sketchy but they would presumably either be included on their parents' visa as a dependent if born outside New Zealand or inherit their parents' status automatically if born in New Zealand which is what happens under similar countries' systems.

A quick Google search seems to confirm this theory: What is the visa status of a child born in NZ? - Immigration NZ Knowledgebase

A further assumption would be that given the children are currently in New Zealand then they would fall under NZ's duty of care and that what the local laws that apply to custody arrangements.

Stopping children leaving New Zealand — Family Justice

Committing a crime by taking a child overseas — Family Justice

Parenting after separation

Whilst only one parent's permission is required to apply for a British passport the other parent can request that HMPO place a block on any passport application if they believe that their children are about to be removed from the UK without their consent. Presumably the same procedure is available to parents resident outside of the UK.

All this being said I really think this issue is beyond the help of an internet forum and that the OP's sister should be seeking immediate assistance through the correct channels - both from the NZ authorities and FCO consular services - with a view to returning to the UK as soon as possible.

BEVS

Thanks BiP

So. Something along these lines.

Lodge the domestic violence with the police.

Remove herself and the babes from the shared accom, via womans refuge service. They will offer her temp accom as written if she states she cannot remain - which is what she should be doing.

File for sole custody in NZ. ( Parenting Order)

Contact High Commission Wellington regarding newborn's passport application and possible emergency travel papers

BritInParis

Usually the High Commission wouldn't be able to issue an ETD for a first time child applicant but they might make an exception in this case. That being said a full validity passport from the UK shouldn't take long to arrive especially if they are waiting for sole custody to be granted. They should be able to advise on the legal process to remove the children from New Zealand without the father's consent. What you don't want to end up doing is being wanted on kidnapping charges. This may be where the Interpol angle came from.