[Jo_b]

Hi,

A good friend of mine back in the UK has a partner with two children from a previous marriage.

The ex-wife has just declared that she is taking the two kids to live over here in NZ at the end of October.

This has come as a bit of a shock my friend and her partner, and they asked me (as someone who lives in NZ) a couple of questions:

- If the relationship of the ex-wife (with her new NZ partner - who I don't think has been her partner long enough to count as a sponsor anyway) goes wrong can he revoke this sponsorship and if so will she and the kids be 'evicted' from NZ? Eg, if she brings the kids here, they like it, but the relationship with the sponsor fails, could they be booted out, causing more upheaval?

- Is there any international law that has been passed that would make sure his rights remained even though she was in a different country?

Any advice, greatly appreciated!

Cheers

Jo

[gil]

Hi Jo,
Have a look at this thread, it might shed some light?

http://www.emigratenz.org/forum/showthread.php?t=9367&highlight=custody

I don't think anyone can "just declare" they are removing children under 16 to NZ from UK if there is joint Parental Responsibility (custody). Check out the link to Immigration pages.
It would be helpful to others if you could post the resolution of this one, I wouyld imagine. Hope it unfolds OK,

Gil

[lockstock]

If the father has Parental Responsibility (PR)the children cannot be removed from the UK without his consent - that is made quite clear on the EOI and ITA forms too. The mother can apply to the court and make a case to take them but it would have to be an extremely convincing one - and with more to back it up than a 'new relationship'.

Even if she has a Residency Order (RO)(formerly known as custody) she can't just do as she likes.

If it looks like she is going to try and take them anyway (e.g. long term visit) he can apply for a prohibitive steps order form the Court. If there is no RO, she can't take them out of the country without his consent - and she can't get passports without his consent either. If she has PR she can only remove them from the country for a maximum of 28 days. And international reciprocal agreements will certainly pursue any breach.

NZIS seem to be very on the ball as far as visa applications and children of divorced/separated parents are concerned.

Suggest to your friend he posts a message on www.yourrights.org.uk

This mother is on a very dodgy wicket indeed without the father's co-operation.

[Angelonthemove]

I to have a daughter from a previous marriage. I had to put his details on her passport applicaiton but no signature.

I can remember although I had sole custody that I could not take her out of the country for more than 28 days without his permission.

[sunnyb]

Hi, my step son currently lives with his mum and although he has always wanted to live with his, has never wanted it enough to cross his mum as he knows she would react terribly.

He was the one who first voiced the idea of moving to a country where we can sail and ski as these are 2 big hobbies. Since then things have moved on and we are seriously looking to move to NZ. The problem is, will a court accept that a 15 year old wants to move to NZ with his dad regardless of what the mum wants? We are desperate to move and start a new life, but it would be cruel to go without him when he's also desperate to go, but may not be allowed.

Any advice would be gratefully received
Many thanks
B

[spudulike]

Hi sunnyb, to be honest (and I am not in any way legally knowledgable), but I doubt very much that any court would allow a 15 year old to be removed from one parent and taken to the other side of the world to live with another. Also, if his Mum decided to fight you thrugh the court it could take years!

Besides, at 15 years old he is only a year or two off making that decision himself. You may find by the time your application is processed with him included he will be old enough to come out on his own accord. He would have up to 3 years to take up reidency provided his PR was activated in the first 12 months - perhaps through a holiday. So even if you moved first there is still chance for him to come of age (not sure whether that would be 16 or 18) but there is still time, and he would be able to take up his residency, go to Uni there etc.....

L :)

[lockstock]

I suspect if it were to go to court, at 15 the judge would seriously take the child's wishes into consideration. There'd probably be a few strings attached e.g.visits home at whose expense etc, phone calls etc. It's always worth talking it through first and, if necessary apply to the court on how to proceed.

[Kerry and David]

We are taking step children with us to NZ and there is paperwork for their mum to complete agreeing for them to go.

We could not take them under the age of 18 without this written consent regardless of their age and preference. If she refused to sign then I guess as others have said it would have to go through the legal system.

We have agreed for their Mum to fly out at our expense on occassions once we are in NZ as we think that because it is our decision to go then we should offer something back.

Kerry x