Parents rights to move with children
May 24th 2007, 5:56 pm
#16
Retired
Joined: Apr 2004
Posts: 34,649
Re: Parents rights to move with children
Where an immigration or visa officer is satisfied that:
i by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child, and
ii it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the New Zealand citizen or resident parent will be considered by NZIS to have the right to remove the child from its country of residence.
http://www.immigration.govt.nz/migra...rationsmanual/
May 24th 2007, 6:27 pm
#17
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Joined: Mar 2007
Location: Cockle Bay, NEW ZEALAND
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Re: Parents rights to move with children
JAJ,
Thanks for this info. this could answer my query. I will email immigration quoting these references and see if this will address their request.
Kindest Regards
Thanks for this info. this could answer my query. I will email immigration quoting these references and see if this will address their request.
Kindest Regards
May 25th 2007, 12:03 am
#18
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Joined: May 2005
Location: Canberra, ACT
Posts: 1,222
Re: Parents rights to move with children
Ditto! 
P.s. I have heard of two cases of Removal From Jurisdiction, where the mother wanted to emigrate and the natural father was objecting. In both cases they went to court and the mother won - the judge then asked if they wanted to transfer solicitor's fee's to the respondent (i.e. the dad), one lady said no because she just wanted a line drawn under the whole debacle but the other lady said yes!
so you never know 
(I got both cases from the yourrights.org.uk website (Liberty), as far as family law was concerned they were very helpful)
P.s. I have heard of two cases of Removal From Jurisdiction, where the mother wanted to emigrate and the natural father was objecting. In both cases they went to court and the mother won - the judge then asked if they wanted to transfer solicitor's fee's to the respondent (i.e. the dad), one lady said no because she just wanted a line drawn under the whole debacle but the other lady said yes!
so you never know (I got both cases from the yourrights.org.uk website (Liberty), as far as family law was concerned they were very helpful)
So sounds like you are safe.
I had a call from the head of Immigration over this after I contacted the Immigration Minister (2003). I was told that all his staff had now been 'fully trained' in understanding the UK Children's Act 1991.
BTW If you had been married, the courts would ALWAYS favour what is best for the children and their age and maturity would play a part in the courts decision anyway.
May 25th 2007, 12:19 am
#19
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Location: Canberra, ACT
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Re: Parents rights to move with children
The above clauses that JAJ mentions were finally added to the NZIS rules in June 2004!
May 25th 2007, 7:13 am
#20
Forum Regular
Thread Starter
Joined: Feb 2007
Posts: 34
Re: Parents rights to move with children
And a very quick search has uncovered the following, from section 72-6 (e) of the Operations Manual:
Where an immigration or visa officer is satisfied that:
i by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child, and
ii it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the New Zealand citizen or resident parent will be considered by NZIS to have the right to remove the child from its country of residence.
http://www.immigration.govt.nz/migra...rationsmanual/
Where an immigration or visa officer is satisfied that:
i by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child, and
ii it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the New Zealand citizen or resident parent will be considered by NZIS to have the right to remove the child from its country of residence.
http://www.immigration.govt.nz/migra...rationsmanual/
I thought I would add that I spoke to an immigration officer at the London Expo. I gave her all our details and asked her specifically - would a Statutory Declaration signed by myself, my husband (step father with PR) and our solicitor to explain, in legal terms, our situation - and she said yes, this would be fine.
May 25th 2007, 8:17 am
#21
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Joined: Mar 2007
Location: Cockle Bay, NEW ZEALAND
Posts: 1,007
Re: Parents rights to move with children
this is a copy of ours. hope this helps!
I, !!!!!!!!!! !!!!!!!!!! !!!!!!!!!! (formerly !!!!!!!!!! !!!!!!!!!! !!!!!!!!!!) of !!!!!!!!!!!! in the county of !!!!!, do SOLEMNLY AND SINCERELY DECLARE AS FOLLOWS
1.I am the mother of !!!!!!!!!! !!!!!!!!!! !!!!!!!!!! who was born !!!!!!!!!! !!!!!!!!!! !!!!!!!!!! on the * of February 1995 – a copy of my daughters birth certificate is annexed hereto marked “TSP 1”.
2.By a change of name deed dated the 31st of January 1996, I changed my daughters surname from !!!!!!!!!! to !!!!!!!!!! – a copy of this deed marked “TSP 2” is annexed hereto.
3.At the time of !!!!!!!!!!’s birth I was not married to her father, !!!!!!!!!!. I have no idea of his present whereabouts. There has been no contact between !!!!!!!!!! and our daughter !!!!!!!!!! since June 1995. !!!!!!!!!!’s father has never paid any maintenance for !!!!!!!!!!’s upkeep and has never made any attempt to see her nor has he ever claimed any parental responsibility for !!!!!!!!!!.
4.In respect of my said daughter !!!!!!!!!!, I confirm that there is no court order regarding Custody, Residence, Parental Responsibility or of any other kind in existence nor to the best of my knowledge information and belief has any application for such ever been made.
5. I am not able to provide a statutory declaration from a member of standing in the community to confirm the fact that I was not married to !!!!!!!!!!, as I have not known such a person for more than five years.
I, !!!!!!!!!! !!!!!!!!!! !!!!!!!!!! (formerly !!!!!!!!!! !!!!!!!!!! !!!!!!!!!!) of !!!!!!!!!!!! in the county of !!!!!, do SOLEMNLY AND SINCERELY DECLARE AS FOLLOWS
1.I am the mother of !!!!!!!!!! !!!!!!!!!! !!!!!!!!!! who was born !!!!!!!!!! !!!!!!!!!! !!!!!!!!!! on the * of February 1995 – a copy of my daughters birth certificate is annexed hereto marked “TSP 1”.
2.By a change of name deed dated the 31st of January 1996, I changed my daughters surname from !!!!!!!!!! to !!!!!!!!!! – a copy of this deed marked “TSP 2” is annexed hereto.
3.At the time of !!!!!!!!!!’s birth I was not married to her father, !!!!!!!!!!. I have no idea of his present whereabouts. There has been no contact between !!!!!!!!!! and our daughter !!!!!!!!!! since June 1995. !!!!!!!!!!’s father has never paid any maintenance for !!!!!!!!!!’s upkeep and has never made any attempt to see her nor has he ever claimed any parental responsibility for !!!!!!!!!!.
4.In respect of my said daughter !!!!!!!!!!, I confirm that there is no court order regarding Custody, Residence, Parental Responsibility or of any other kind in existence nor to the best of my knowledge information and belief has any application for such ever been made.
5. I am not able to provide a statutory declaration from a member of standing in the community to confirm the fact that I was not married to !!!!!!!!!!, as I have not known such a person for more than five years.
I've emailed a similar copy of your decleration to immigration and they have said that this would be suitable for the application to proceed....
Many, Many Thanks
Garry
