children with ex-partners

Old Jan 21st 2008, 6:51 pm
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Thumbs down children with ex-partners

Hi everyone, I have been told by an immigration consultant? that in order for my son to live in NZ I need permission from his biological father,


The consultant stated that it has to be a legal letter through a solicitor? has anyone any advice on this matter????
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Old Jan 22nd 2008, 12:47 am
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Default Re: children with ex-partners

Originally Posted by zoe99 View Post
Hi everyone, I have been told by an immigration consultant? that in order for my son to live in NZ I need permission from his biological father,


The consultant stated that it has to be a legal letter through a solicitor? has anyone any advice on this matter????

When was the child born and were you married to the father?

Also, where in the U.K. do you live? (England and Wales, Scotland or Northern Ireland)
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Old Jan 22nd 2008, 1:12 am
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Default Re: children with ex-partners

Originally Posted by zoe99 View Post
Hi everyone, I have been told by an immigration consultant? that in order for my son to live in NZ I need permission from his biological father,


The consultant stated that it has to be a legal letter through a solicitor? has anyone any advice on this matter????
Hi Zoe99

This old thread may help answer your questions

http://britishexpats.com/forum/showt...light=parental

Good Luck
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Old Jan 22nd 2008, 2:10 am
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Default Re: children with ex-partners

hiya went thru the same thing here...my eldest 2 kids needed consent from their father...he refused...so we had to apply to court. we had to make a strong case to show it would benefit the girls to be separated....even tho he hadnt taken up his contact for the previous 2 yrs..had to look into the health system, schooling, area etc....things that you would check out anyway....only problem was the time factor...it took so long to get to court (mainly coz the ex made problems) that we lost the job offer...but luckly we got another and here we are...took about 14mths!!! good luck....im sure id be much easier with a consent!!!!
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Old Jan 22nd 2008, 6:52 am
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Default Re: children with ex-partners

Thanks for the old thread that was useful,

I was never married to my childs father and live in england, his name is on the birth certificate and I know that after 2002 unmarried fathers have parental responsibility. Even if they never see or pay for the child its just upto them if they choose to exercise this right. He has not seen him since last may and I have had to go to the CSA,

The only good thing is that my child has australian citizenship through right of decent through his father, who is english but gained citizenship after living there.

I feel frustarted that I am leaving the Army after serving 8 years in May this year in order to privide a better and more stable life for my son and his father could try and ruin things! I am hoping that as he lived abroad himself he will see what kind of life my son could have,
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Old Jan 22nd 2008, 11:03 am
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Default Re: children with ex-partners

[QUOTE=zoe99;5822320]Thanks for the old thread that was useful,

I was never married to my childs father and live in england, his name is on the birth certificate and I know that after 2002 unmarried fathers have parental responsibility. Even if they never see or pay for the child its just upto them if they choose to exercise this right. He has not seen him since last may and I have had to go to the CSA,
QUOTE]

Zoe, we are in a similar situation as you. Im positive that even if you registered on the birth cert your child in his name and you are NOT married then you donot need him to sign a consert. If you was to had married him before you registered the birth cert then he would have a say.
Good news eh.

Last edited by Wessa; Jan 22nd 2008 at 11:08 am.
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Old Jan 23rd 2008, 1:14 am
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Default Re: children with ex-partners

[quote=Wessa;5823274]
Originally Posted by zoe99 View Post
Thanks for the old thread that was useful,

I was never married to my childs father and live in england, his name is on the birth certificate and I know that after 2002 unmarried fathers have parental responsibility. Even if they never see or pay for the child its just upto them if they choose to exercise this right. He has not seen him since last may and I have had to go to the CSA,
QUOTE]

Zoe, we are in a similar situation as you. Im positive that even if you registered on the birth cert your child in his name and you are NOT married then you donot need him to sign a consert. If you was to had married him before you registered the birth cert then he would have a say.
Good news eh.
Hi Wessa

I would clarify that information with NZIS as they WILL query it. What they are looking for is no 'surprises' from a father who knocks on their door claiming that you have removed a child from the country without his knowledge or consent, will also have a detrimental effect on your visa status

Good luck.
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Old Jan 23rd 2008, 1:51 pm
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Default Re: children with ex-partners

[QUOTE=kev&sarah;5826504]
Originally Posted by Wessa View Post

Hi Wessa

I would clarify that information with NZIS as they WILL query it.
Kev&sarah.
This is what NZ house told us the other day when we went up to London..
Because when my step daughters mum (karem)was not maried the sd father at the time of registering the birth cert (they married later)then Karen does not need any written consent from the father. Only she has to sign a declaration on one of the visa forms.
Now, if karen was married at the time of registration then she would need his consent via a solicitors letter etc.
The guy did have to go ask a superior. hth.
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Old Jan 28th 2008, 9:04 pm
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Exclamation Re: children with ex-partners

Hi there, anybody been in situation of wanting to take two children (8 and 10) to NZ from UK, needing fathers permission and not getting it. Talking about case where the kids want to go but father has had regular joint custody. Tough one i know. Any thorts?
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Old Jan 29th 2008, 4:25 am
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Default Re: children with ex-partners

Originally Posted by zoe99 View Post
Thanks for the old thread that was useful,

I was never married to my childs father and live in england, his name is on the birth certificate and I know that after 2002 unmarried fathers have parental responsibility. Even if they never see or pay for the child its just upto them if they choose to exercise this right. He has not seen him since last may and I have had to go to the CSA,

The only good thing is that my child has australian citizenship through right of decent through his father, who is english but gained citizenship after living there.

I feel frustarted that I am leaving the Army after serving 8 years in May this year in order to privide a better and more stable life for my son and his father could try and ruin things! I am hoping that as he lived abroad himself he will see what kind of life my son could have,
When was the child born?
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Old Jan 29th 2008, 5:15 am
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Default Re: children with ex-partners

Originally Posted by j19fmm View Post
Hi there, anybody been in situation of wanting to take two children (8 and 10) to NZ from UK, needing fathers permission and not getting it. Talking about case where the kids want to go but father has had regular joint custody. Tough one i know. Any thorts?
You will need to see a solicitor and get advice. As fas as I know you can apply to the court to remove the children from the jurisdiction. You will need to prove to the court that you are serious in your move to another country, that you have work, housing, schools sorted or at least planned and finances are adequate to maintain the children's standard of living (CSA have no jurisdiction to claim maintenance for you/your children once you have left the UK so unless ex-hubby pays voluntarily you will no longer get payments. Or you can apply via the court for payments to continue but expensive, drawn out process).

When I approached my ex-husband I got a handful of objectional letters back first, despite that fact he had no contact with the children for at least 4 years and avoided paying via CSA or otherwise at all costs! That was his choice. His solicitor was a Notary Public and kept telling me that I would need to prove my case under Payne v Payne (a precedent was obviously set by that case). Basically that just meant I had to prove that I was not removing them to prevent my ex access and like I said above that my move abroad had all bases covered.

The court will appoint CAFCAS. Tell will speak with the children without you or your ex present and ascertain what their wishes are. A report will be prepared for the judge.

It might be that the judge rules in favour of the move - especially as you say its what the children want. However, as their dad has had regular contact it might be deemed of detriment for the children for this not to continue and the judge might therefore ask both parties to come up with a plan for continued access. This might mean you have to propose regular yearly trips back to the UK, you may end up footing the entire bill for this, or your ex might agree to go halves. The judge will only be interested in what is best for the children, not you or your ex.

It can be expensive and no costs can be claimed back from the other party in the family court.

I would suggest you seek professional legal help. The first 1/2 hour consultation should be free of charge.

Good luck. Hope it all works out ok for everyone.
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Old Jan 29th 2008, 3:32 pm
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Default Re: children with ex-partners

Thanks TeamEmbo. It's so hard cos although they want to come and envisage their dad could visit regularly, I don't want to put them in a position where the guilt trip is employed by their dad - he's dead good at that!!
Still onwards and upwards. I guess the fact that I have a lot of relatives in NZ is a bonus - I don't have contact with most of my family here.
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Old Jan 29th 2008, 4:57 pm
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Default Re: children with ex-partners

Hello, yes have just been through this.
To cut a long story short, i have two children with my first husband - our eldest child (boy) decided two years ago that he wanted to live with his father and so, after much soul searching etc, I decided not letting him go would have a far more detrimental effect than making him stay with me. Our daughter on other hand did not want to stay with him at all and we even have difficulty in getting her to visit (so complete contrasts). My ex and my son (along with his new wife) are off to Perth later this year. We had to apply to the court for application of leave and get a signed statutory declaration (which a solicitor can draw up for you and your ex needs to sign in front of a solicitor, judge etc). It's quite a long winded process especially the Court order. I suppose what helped us that the ex was off to Perth and needed my permission and we are off to NZ and needed his. Good luck. Hope this helped.
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Old Jan 29th 2008, 5:08 pm
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Default Re: children with ex-partners

Thanks Caw248, it's really hard isn't it? My daughter would be off like a shot (and leave her brother behind !) but i feel like the wicked witch. Funny part is ex and i were permitted PR about 12 years ago and never took it up, for one reason or another.
I'll run it past the solicitor. How does your daughter feel about her brother going to OZ?
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Old Jan 29th 2008, 5:17 pm
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Default Re: children with ex-partners

Originally Posted by j19fmm View Post
Thanks Caw248, it's really hard isn't it? My daughter would be off like a shot (and leave her brother behind !) but i feel like the wicked witch. Funny part is ex and i were permitted PR about 12 years ago and never took it up, for one reason or another.
I'll run it past the solicitor. How does your daughter feel about her brother going to OZ?
Yes, I would agree. Very hard. When I opted for parenting I didn't realise quite how tough it would; if I had known it would be this heart rendering I don't think I would have signed up for it!

Our son does think the world of his father and I know feels extremely torn between us but his father has a hold over him that I can not and will not compete with. He knows that if and when he ever decides that Perth is not for him, there will always be a home for him with us in NZ.

There is a 14month age gap between our son and daughter, they miss each other when they are not in each other company but five minutes is long enough to wind each other up. They are nearly 14 and 13 respectively which speaks volumes!

We have already arranged that Christmas he will be out in NZ with us and the next school holiday she will be out with him (unless of course either of them change their mind in the meantime.
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