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Interested in NZ- Do I need consent from my child's father to take her to NZ ?

Interested in NZ- Do I need consent from my child's father to take her to NZ ?

Old Feb 9th 2014, 8:58 am
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Default Interested in NZ- Do I need consent from my child's father to take her to NZ ?

Hi all - considering moving to NZ - not sure whether my ex can stop me taking our daughter out of the country? Anyone had to deal with this? Help would be appreciated.

Thanks
Charlie time to move
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Old Feb 9th 2014, 10:17 am
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Default Re: Interested in NZ- wanting advice from parents

It would depend on what arrangements are in place. Does ex still have access. How old is your daughter. Is ex likely to stop you etc
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Old Feb 9th 2014, 10:40 am
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Default Re: Interested in NZ- wanting advice from parents

Originally Posted by Charlie time to move
Hi all - considering moving to NZ - not sure whether my ex can stop me taking our daughter out of the country? Anyone had to deal with this? Help would be appreciated.

Thanks
Charlie time to move
You will need signed permission, done through a solicitor or notary, to take your daughter away from her father, if he doesn't agree, then you will have to go to court to get a court order.
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Old Feb 9th 2014, 11:15 am
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Default

Hi

Thanks, thought that may be the case. She seems him on some school holidays. He has an uncle in nz but never seems them. I'm not sure he would pay to take me to court though. Or would I have to take him to court to let me? Mmm either way I think I will have to talk to my solicitor - if we end up deciding to relocate

Thanks muchly

Oh sorry also my daughter is 7

Last edited by BEVS; Feb 9th 2014 at 8:06 pm.
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Old Feb 9th 2014, 12:07 pm
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Default Re: Interested in NZ- wanting advice from parents

It's the other way round-you have to get his permission, if necessary through a court.
INZ will want that permission before they will issue visas.

I think it depends on whether he is named on the birth certificate but I don't know enough to give you any definite advice. There have been many threads on this subject: unfortunately I'm having trouble searching on my ipad
Try searching for 'step children' 'father permission' etc

P
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Old Feb 9th 2014, 8:10 pm
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Default Re: Interested in NZ- wanting advice from parents

Per the NZ immy website.

What evidence of custody arrangements will I need to provide?

If you are separated or divorced and bringing a child under 16 years of age to New Zealand with you, you will need to provide evidence of your right to take the child from the country where rights of custody or visitation have been granted to the other parent, or any other person.

If the other parent of any accompanying children under 16 years of age is not included in your application for residence, you must provide evidence of your right to take the children from their country of residence.

Evidence that you have the right to take the children from their country of residence includes:
• legal documents showing:
• you have custody of the child; and
• the sole right to decide where they live, without any visitation rights being granted to the other parent; or
• a Court order permitting you to remove the child from its country of residence; or
• legal documents showing:
• you have custody of the child; and
• a signed statement from the child’s other parent – witnessed according to local practice or law which confirms they agree to allow the child to live in New Zealand if your residence application is approved.
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Old Feb 9th 2014, 8:14 pm
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Default Re: Interested in NZ- wanting advice from parents

My 'search' is working....at the moment Persephone.

A previous thread. click the link


It would appear from those posts that if the other parent is not on the birth cert. then there is no need for the authority.

Hopefully someone who has been there and done that will be along soon .

I'll tweak the title to better reflect the query.
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Old Feb 9th 2014, 9:09 pm
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Default Re: Interested in NZ- Do I need consent from my child's father to take her to NZ ?

Oh no. I hadn't even considered this. My boys' dad has nothing to do with us (his choice). He makes no contact with his kids at all, not even birthday cards. We don't even have an address for him. Like I said totally estranged. But it sounds like he's going to have to give permission for me to take the boys to NZ. That is going to be very difficult :-(
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Old Feb 12th 2014, 1:43 am
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Default Re: Interested in NZ- Do I need consent from my child's father to take her to NZ ?

Hmmmmm- yes I guess if you took them and then he found out he could apply to courts through courts to have them returned as per Hague Convention agreement. Depends how difficult he might choose to be at a later stage. i suggest fully investigating and trying to make contact to ask.
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Old Feb 12th 2014, 2:06 am
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Default Re: Interested in NZ- Do I need consent from my child's father to take her to NZ ?

Originally Posted by boycegang
Hmmmmm- yes I guess if you took them and then he found out he could apply to courts through courts to have them returned as per Hague Convention agreement. Depends how difficult he might choose to be at a later stage. i suggest fully investigating and trying to make contact to ask.
I don't understand this post TBH.

If NZ immigration require the children to have the Father's consent in order to grant the visas, then they would not be able to enter NZ without that consent as the visas would not be issued into their passports.
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Old Feb 12th 2014, 2:17 am
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Default Re: Interested in NZ- Do I need consent from my child's father to take her to NZ ?

Some previous threads on the same subject

This thread

An old & long thread - Step Children
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Old Feb 15th 2014, 7:07 am
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Default Re: Interested in NZ- Do I need consent from my child's father to take her to NZ ?

Originally Posted by boycegang
Hmmmmm- yes I guess if you took them and then he found out he could apply to courts through courts to have them returned as per Hague Convention agreement. Depends how difficult he might choose to be at a later stage. i suggest fully investigating and trying to make contact to ask.
The poster could not get a Visa without permission. Best bet all round is solicitor - family law one. May be possible to get some kind of exemption from a court if the absent father can not be found and all reasonable avenues have been pursued.
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