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Thread: single parent-question re father's permission

  1. #1
    Join Date
    Jan 2013
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    rep. of ireland
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    Default single parent-question re father's permission

    H there

    My daughter 's father is on her birth cert yet has had no contact with her in ten years (she is 14) and has offered no financial support to me over the years. We were never married. She has her own Irish passport and has left the country with me on several occasions with no complications.
    My question is, as I wish to emigrate to NZ, do I need any permission from her father regarding this? From the Irish side I believe the answer to be 'no' but it is the NZ side I am concerned about. Has anyone out there had experience with this?

    I really want to be completely clear on this matter so as not to have to worry-thanks in advance!

  2. #2
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    Jan 2012
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    Whangaparaoa
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    Default

    As I understand it, you need the father's permission or a court order... I'd check with a solicitor and/or INZ directly.

  3. #3
    Join Date
    Feb 2008
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    37,834

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    I think it sounds as though you would come under section d here (the part I've bolded). This is from the INZ operational manual. http://www.immigration.govt.nz/opsmanual/ If Irish regulations accept you as being legally in full control of her, then NZ authorities would follow suit. Otherwise, this shows the documentation that might be necessary.

    F5.20 Dependent children under 16 whose parents are separated or divorced

    If the parents of a child under the age of 16 are separated or divorced, the New Zealand citizen or resident parent must have the right to remove the child from the country in which rights of custody or visitation have been granted, or, if no such rights of visitation have been granted, from the country of residence.
    Such children will not be granted a resident visa unless the New Zealand citizen or resident parent produces satisfactory evidence of their right to remove the child from the country in which the rights of custody or visitation have been granted or, if no such rights of visitation have been granted, from the country of residence.
    Except where (d) applies, evidence of the right to remove the child from the country in which rights of custody or visitation have been granted must include original or certified copies of:
    legal documents showing that the New Zealand citizen or resident parent has the sole right to determine the residence of the child, without rights of visitation by the other parent; or
    a court order permitting the New Zealand citizen or resident parent to remove the child from its country of residence; or
    legal documents showing that the New Zealand citizen or resident parent has custody of the child and a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to live in New Zealand if the application is approved.
    Where an immigration officer is satisfied that:
    by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child; and
    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 INZ to have the right to remove the child from its country of residence
    .

  4. #4
    Join Date
    Jan 2013
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    rep. of ireland
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    Default

    Thank you for this pointer in the right direction-I agree the bolded bit seems to apply closest to my situation.

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