[GaryDoig]

Hi,

This is my first post, so bear with me.

My partner and I have been looking into emigrating to New Zealand for about a year now. We have looked into the points required, housing, flights, education, etc. etc. - I have even spoken to prospective employers who have offered to meet with me and discuss employment opportunities.

I have one problem and help seems a little thin on the ground. I would be emigrating with my partner and our children (aged 7 and 3), but the problem is that the eldest child is the daughter of my partner and her ex-husband.

I know that to emigrate, we would have to apply to the court for permission to leave the juristiction of the UK - we would not receive the fathers consent.

Has anyone else been through this, or does anyone know of anyone who has been through this - and if so, could you offer any insights or advice?

Your help/support/comments would be gratefully appreciated.

Gary

[Timbo]

Hi Gary, and welcome aboard.
I cant answer your questions, but did a little searching on old posts and it seems you may not be alone.
Click the link, and good luck.


http://www.emigratenz.org/forums/viewtopic.php?t=1556

[Diny]

All can tell you Gary is that when you complete your application form, if there are any children on that form who are travelling with only one parent then a certified letter agreeing that the child has the absent parents permission is required. If you don't think the letter would be forthcoming then I guess you'd need to take it through the family court. I'm sorry but I can't help you with that.

Quick change of subject. I see that you are located in Cheshire. Have you thought about coming to the next NW meeting? There's a crowd of us from (roughly) the same area who have met up 2 or 3 times just to have abit of a social. The next meeting is on Saturday 5th Feb at the Salt Cellar which is spitting distance from the junction 18 of the M6, meeting at about 1 o'clock.

If you fancy coming along to put some faces to names send me a PM - I'll be happy to tell you all about it (not that there's much more to tell). You won't be the only 'new faces' - there's a couple of other first timers hopefully coming too.

Good luck.

Diny

[GaryDoig]

Thanks for the support.

We have looked into this with a solicitor who said that it was possible to gain permission from the Family Law Courts to emigrate.

My only concern is that if we went through the court system and got permission to emigrate, visit and meet prospective employers, fill in the EOI's, etc. would the father be able to get the ruling overturned and screw everything up?

Believe me, I know him and it wouldn't surprise me. He only wants to be a dad when it suits him, but hates it when his daughter calls me "Dad".

The other pain: The courts give your application more weight if you've got a job offer, but I can't get a job offer in my chosen carreer without being prepared to move within a couple of weeks - and you know how slow the court system works over here. Catch 22 or what!!!!

The more I mull over it, the more I think we're going to have to bite the bullet and apply for Removal From Juristiction and see wahat happens.

Rant over!!!!

Diny,

Thanks for the offer. It'd be nice - if we can make it. We live within spitting distance from Juncion 16, so we wouldn't have far to go - I'll send you a PM.

[RoadRunner]

Gary,
I'm in a similar situation. I've talked to an immigration officer in Washington, DC about this twice. He said it completely depends on the wording of the custody document.

IF your wife has sole custody of her son, then NZIS will let him in.

IF the ex-husband has visitation rights, then you can run into problems. They'd want a letter from the ex saying it was okay. (Which we won't be able to get and it sounds like you won't either.)

Now, there is one possible "loophole." IF the court wording is such that the wife has sole decision making authority over residence issues if both parents can't agree, then NZIS might accept that in lieu of a letter from the ex.

A bit complicated, no?

What they offered to do for me is to review the language in the existing custody document to give me an idea of whether it would pass without the letter from the ex-father.

If you're in London, maybe there is someone you can call and talk to that would review your case? Might be easier than going through the Family Courts from the start??

Sorry I can't be more helpful. Good luck on this! :hopeso

RoadRunner