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legal rights for taking children!!

legal rights for taking children!!

Old May 4th 2009, 7:24 pm
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Question legal rights for taking children!!

I'm not sure if this has been discussed on here recently, but, i'll ask anyway!! My sister is looking at going out to NZ with her partner of 6months, i think just a one way ticket and apply for visas once there, seem very unorganised about it all. anyway, she has 2 children from a previous partner, can she legally just take them or does she need some kind of written permission? He does have irregular contact with them, not overnight or anything and i dont think he's likely at all to get legal advice, but from her point of view does anyone know where she stands please?? thanks in advance!!
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Old May 4th 2009, 8:17 pm
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Default Re: legal rights for taking children!!

Originally Posted by strawbie View Post
I'm not sure if this has been discussed on here recently, but, i'll ask anyway!! My sister is looking at going out to NZ with her partner of 6months, i think just a one way ticket and apply for visas once there, seem very unorganised about it all. anyway, she has 2 children from a previous partner, can she legally just take them or does she need some kind of written permission? He does have irregular contact with them, not overnight or anything and i dont think he's likely at all to get legal advice, but from her point of view does anyone know where she stands please?? thanks in advance!!
I am definitely not a legal expert but as far as I am aware she would definitely need permission from him to remove the children from the country. She may need to go to court to get this. I am not sure if there is a way that he can give his permission without going to court i.e writing a letter supporting the move for his children, giving his permission for her to remove them but I am sure this would have to be endorsed somehow??

I think it would be beneficial for her to get some legal advice and talk to the birth father asap as the process of getting permission could be rather lengthy!
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Old May 4th 2009, 8:33 pm
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Default Re: legal rights for taking children!!

Originally Posted by dannigirl View Post
I am definitely not a legal expert but as far as I am aware she would definitely need permission from him to remove the children from the country. She may need to go to court to get this. I am not sure if there is a way that he can give his permission without going to court i.e writing a letter supporting the move for his children, giving his permission for her to remove them but I am sure this would have to be endorsed somehow??

I think it would be beneficial for her to get some legal advice and talk to the birth father asap as the process of getting permission could be rather lengthy!
thanks, yeh i thought the same but wasnt sure if it was something that would be automatically questioned somewhere within the application process!!? The father is a complete low life n without going into detail is extremely unlikely to start any kind of proceedings, but.....
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Old May 4th 2009, 8:43 pm
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Default Re: legal rights for taking children!!

No. If the father has parental responsibility, is named on the birth certificate or they were married at the time of the child/rens birth (just about every scenario then), she would need to have an official document from the childrens' father giving his permission to remove the children from the jurisdiction. It is basically a one page legal letter that is countersigned/witnessed by a Notary Public. She cannot just take the children. Immigration authorities in any other country would request to see removal from jurisdiction letter from the childrens' father as one of the evidence documents when applying for visas (the children will need student visas in order to attend school and not incur international student fees which can be tens of thousands of dollars).

If the father does not give his permission she will have to get a solicitor and apply to the court for a ruling. This means that she will have to provide evidence of her plans and finances and prove that this is a genuine, well thought out move with jobs, money, accommodation, schooling etc all thought through. The courts interest are in the children and the standard of living they would be getting and stability if the court agreed to their removal.

It can get very long, drawn out and expensive and cost are not usually claimable from the other side, ie, you pay your own solicitors in family court matters.
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Old May 5th 2009, 6:11 pm
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Default Re: legal rights for taking children!!

Hi Strawb

read this thread (if I have got it right ) it gives loads of advice and the difficulties of taking children out of the country



http://britishexpats.com/forum/showthread.php?t=537388

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Old May 6th 2009, 11:11 pm
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Default Re: legal rights for taking children!!

AFAIAA - You will only need permission from the father to remove the child if the father has parental responsibility.

All mothers, whether married or unmarried, automatically have parental responsibility for any child born to them.

Fathers who were married to the mother of the child when the child was born also automatically have parental responsibility.

Unmarried Fathers also have parental responsibility if they jointly registered the child’s birth with the mother (for births registered after 1 December 2003) or if they re-registered the birth for pre December 2003 registrations to add the father’s details (conditions apply) or if they subsequently married the mother of the child.

If however, like me, you have a child who was born before 1st Dec 2003 and you weren't married to the father at the time of the birth nor did you ever marry him following the birth then AFAIAA you do not need his permission to remove the child from the country (even if he is named on the birth certificate) - all I had to do was swear to a solicitor that I had sole parental responsibility (cost me a fiver) and that was accepted by NZIS.

Hope this helps...and good luck!

x

Last edited by Pinkie Pie; May 6th 2009 at 11:14 pm.
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