rach3

Can anyone help and advise me if taking children to new zealand and you are seperated from there father what evidence is needed for them to apply for residency, and what do i do if he refuses to agree to let me take our son? any help

TeamEmbo

There have been various threads on this over recent weeks, so it might be worth doing a search.

Basically, if the childrens' father has parental responsibility (he will have if you were married at the time of their birth for example) you cannot remove the children from the UK without his permission. You will need his permission in the form of a statutory declaration, signed and witnessed by a Notary Public.

If he has parental responsibility and will not give his permission you will need to see a solicitor and take legal advice. It may be you have to apply to the court to remove the children from the jurisdiction.

If he does not have parental responsibility I think you can enclose a letter to NZIS with your application to state that you were not married at the time of the childrens' birth therefore under UK law their father has no parental responsbility, etc. On one of the previous threads someone else posted the letter they used.

Hope this helps.

P2L

Hi Rach3

This is the most recent thread on the subject, which just about gives you the long and short of it all.
http://britishexpats.com/forum/showt...ghlight=cafcas

Hope that helps. Good Luck

owen

Ooops careful, the law has changed in the UK, after a certain date (can't remember) if the biological father is named on the birth certificate he has automatic parental responsibilty, even outside of marriage.

Thank god the UK updated this marriage or nothing attitude, whew!!

Pinkie Pie

The date is 1 December 2003.

Basically, AFAIAA, if your child was born before 1st December 2003 and you weren't married to the father and he hasn't subsequently applied for parental responsiblity from a court, you should be able to go to a solicitor and sign an affidavit to this effect (cost me a fiver!!)

Hope this helps...but the date and circumstances are crucial to the action you need to take re taking your child out of the country...give us the exact details and we may be able to help more...

rach3

Hi my child was born 1997 me and his ather wernt married and he has never applied for parental responsibility
thanks
rach

Pinkie Pie

Hi Rach

AFAIAA, If you weren't married to your child's father at the time of your child's birth in 1997 and did not subsequently marry this child's father and he hasn't applied for parental responsibility then you should be able to sign an affidavit to this effect with a solicitor (I typed mine up myself and my solicitor witnessed it for me for a fiver)...I could see if I still have a copy if you want some ideas on the wording etc - but I'm not promising that I'll be able to find it!!...

hth...

dreamfish

ignore me

owen

CHICKEN!!

dreamfish

its not for me to judge - i dont have all the facts

double dare me and i will tell you what i think (possibly)