Trish M

Hi guys,

I'm a newly qualified nurse and have just started a job and hope to come to NZ when I have 1-2 years' experience.
I was speaking with a lovely recruitment consultant from Tonix about the immigration process and she said the fact that it's just my daughter and I, and not the father, it could be a bit of a 'headache' for me.
My daughter was born in 2000, her dad is on the birth certificate but we never married, so he doesn't have any parental responsibility. He hasn't bothered to see his daughter since she was 2. The last time I had contact with him was just over 3 years ago - all by solicitors letter when he screwed me over the house & I had to pay him off!
Will immigration need proof from me that he has nothing to do with his daughter?
My daughter & I are desperate to come to NZ and start a new life. The last thing we need is him still calling the shots. Please tell me there's a simple solution!

jmh

You really need to get legal advice.

Good for you for raising this now. I would be inclined to get this sticking point sorted before you go further down the immigration route. Maybe he won't care, in which case you are home free, but if he decides to get sticky then you have time to work out a compromise. He may be prepared to give up his contributions to her maintenance in return for letting her go. Others may have better advice.

Good luck

j19fmm

Well, there is a simple solution, a legally produced or signed letter from your daughters dad to say he gives his permission for you to take her to NZ to live.
But sometimes it can b low up in your face, they were right to warn you. Check out the Stepchildren thread on here. Sooner you seek his permission the better hun. Good luck and holla if you need help

newkiwi

the easiest route is for you to get a stat declaration from him giving you permission to emigrate with his daughter. ask a solicitor for help.
now is the time to "suck it up" and play nice in order to get him to give you permission.

it may feel really unfair, you can b1tch about how unfair it is later, but thats the way it is in the eyes of the law. if he doesnt give you permission, it is possible to get an order through the courts, but that is costly and time consuming, and more tricky.

you need to have permission from the father or the courts, so thats thing number one to sort out.

good luck

Trish M

The problem I have is that I don't know where he lives. He doesn't want me to know. I spent years trying to get him to see his own daughter and have now given up!
I think I'll give my solicitor a call tomorrow & see what he says. I changed my daughter's name by deed poll a few years back because she had his surname (we were planning on getting married) and I didn't need his permission then because he had no parental responsibility so I'm hoping that I don't need it now

newkiwi

taking a child overseas is something more "serious", so you need permission, either from the father or from the courts.
if you can prove that you have tried to make contact with him, he has never seen his daughter, he has no legal parental responsibility etc you should be able to get permission from the courts.

not a DIY exercise, and you need a solicitor who has experience with this, ie getting the courts to give you permission in the case of an absent father

j19fmm

Totally agree, you must get guidance from a Solicitor on this, it would break your hearts to get it wrong and then be refused permission by NZIS - they will ask for the evidence. You want a Family Law firm, often they will give you a free 1/2 hour first appointment. It's sh*t to have to jump the hoops but it'll be worth it in the end.

saoghalbeag

Your solicitor will probably tell you the same but keep all the evidence that you have tried to get in touch and not been successful as this will help. If he is truly not involved (ie: not paying child support, not having contact) then it should make your case better, but as others have said, hope for the best but prepare for the worst case scenario (in your head at least), as although you have been doing everything on your own for years it can still blow up in your face - while the other parent may shoulder none of the responsibility, they can still come along when they fancy and claim their 'rights'

Hope you get it sorted!

simonsi

Just to be clear, it is NZ Immigration that will need to be satisfied that you have permission for your daughter to leave the UK, the fact that he is on the birth certificate DOES mean you need his permission (not what you want to hear I know). nil contact will mean little I am afraid. There may be a route via his disappearance and uncontactability but it ISN´t likely to come via his lack of contact...

Specialist legal advice is needed, prob not from your solicitor but from one who has experience and specialises in NY immigration.

JAJ

Wrong - that statement only applies automatically (in England and Wales) if the child was born on or after 1 December 2003.

Otherwise an unmarried father only has parental responsibility by specific agreement or a court order.

It is a bad idea to track down a missing parent to ask for permission that is not legally required ...

simonsi

Ooops, my bad.

Aliwales

hi trish

I'm in nearly the same position as you. Also had excellent advice from tonix. You need your solicitors involvement to prove parental responsibilty.

I would get in touch with the solicitor and get that through them, as they sound like u have worked with them before.

Don't chase dad till you have had some sound legal advice !

And once you have that done immigration becomes a whole lot smoother!!!

Hope that helps
Ali x

Trish M

Thanks Ali,
I'll definitely get legal advice before I do anything. I won't be contacting the father if I don't need to - if I did I could see him trying to put a spanner in the works just to get one over on me!

Stace

Hi Trish
I'm moving to NZ south island at the end of October, with my 5yr old daughter.
Been through the process of getting a " consent order" through my solicitor to say that my daughters bilogical father agrees to me taking my daughter to live in NZ. I have had to go through this process more so because of emigration NZ end. I totally agree with you about them " calling the shots " but I just keep my cool and think of the future we will have. It's not too expensive going through the solicitors unless the father does not give his consent, then your have to go through the courts and that soon adds up.
Hope this has helped you, feel free to ask more if needed
Stacey

Trish M

Hi Stacey,
I spoke to my solicitor yesterday who advised me that I do not need permission from the father or need a court order (the firm specialises in family law), he does not have any parental responsibility but obviously NZ immigration may ask for proof of this. It's best that I contact immigration and ask exactly what do they require. Hopefully it's just something in writing from my solicitor.