[leslie]

did anyone on forum include docs to show they had custody of a child from a previous relationship?

short of full legal proceedings and resulting custody doc is there any other acceptable method to illustrate full custody of a child?

have looked all over site but not finding anything useful.

[Nicola]

Hi Leslie

We have just sent ours in with the legal documents from my divorce to say that I have sole custody and a letter from my ex to say he agrees with them going.

Our case officer got back to me and they need a letter from my ex witnessed by a solicitor. So have asked hubby to get that, I have volunteered to pay costs. :hopeso we should get it back soon, as long as he does not mess me about.

Hope this helps

[RoadRunner]

Nicola,
they need a letter from my ex witnessed by a solicitor
:no :no :no :no
Please tell me that's not true!

When I spoke to NZIS in Washington, they told me that if you have custody docs showing you have full legal/sole custody, you do not have to have a letter from the ex.

But it sounds like you got a different story. This could be very bad. What else did they say?

thanks,
RoadRunner

[Nicola]

When I spoke to NZIS in Washington, they told me that if you have custody docs showing you have full legal/sole custody, you do not have to have a letter from the ex.



In my case the sole custody document wording is a bit iffy on the subject of access. There is a clause that says access to the children should be mutually agreed by each of the parties. I think this is why I need the letter, or it could be because to cover all bases I had sent in a letter from my ex signed by his manager at work (advice I got from the NZIS). Which is not acceptable for my case officer so I have to get one signed by my ex.

Mind you in saying that it is slightly ironic as he only sees the kids about twice a year, when he only lives about 70 miles away. And this is with me taking them up to see him. I will not be doing that from NZ.

I think the best thing to do is speak to your own case officer and find out their interpretation of the rules. They will probably accept your sole custody aggreement. Also the rules will vary country to country and what is required in the UK may not be required in USA.

:hopeso everything goes smoothly for you.

Nic

[RoadRunner]

Thanks, Nic! That's very helpful. I appreciate that!

[leslie]

we never needed anything official - she's always been with me and i've always been the mature one. but he's started to play games as of late and i am v concerned that he will delay letter/ docs till last possible moment - ie. when i drag his sorry ass into court.

can you take kiddies with you on less formal docs as long as you eventually produce the serious bits?

[Diny]

When we applied for PR through the family/partnership route. The application stated that if BOTH parents were not emmigrating (regardless of marital status) then the NZIS would require a certified letter from the absent parent giving their agreement for the child to leave.

Diny

[leslie]

does it change anything if parent is off-shore - in our case he lives in oz so usual rules may not apply???

[Nicola]

I think you might be on to somthing there. As how can he object to his daughter being brought closer. I would check with your case worker or your solicitor.

But you may have to prove to the NZIS that your ex does not live in the UK.

[leslie]

he works for the oz gov't so proof shouldn't be too hard. am going to submit less formal docs with ita (sending this weekend) and give them his email contact at work (which cannot be faked) if they have any concerns and wish direct contact. hope it works - lets see how real-world everyone is.

will post.

[Nicola]

Good luck Lesley :hopeso

I hope everything goes OK.

[evelien]

Hi,

I had the same problem regarding custody. I have 2 children of whom I have full custody. But because we have never been married, obviously we never divorced. So there are no legal papers stating the fact. According to Dutch law (yes, I’m Dutch) the mother automatically gets full custody over illegitimate children. So, no problem I thought.

Wrong. I phoned with NZIS London. They told me that, regardless Dutch law, they probably still would ask for a consent from the father. So I phoned to NZIS Auckland to verify the story. They told me basically the same. When I asked to confirm it beforehand, they refused. If I wanted to know the final decision they would give it at the end of the procedure. After all costs have been made…

BTW my ex will never ever give his consent.

[leslie]

evelein - make it expensive

[leslie]

have been told nothing can replace formal custody doc so its in the works. at least they are being understanding/ patient/ helpful...

[RoadRunner]

Leslie,
Sounds like everything is progressing, right? Hope that all works out for you.

We're still in the process of getting the formal custody docs for my stepson (court date of May 11). We will never get a letter from the other parent so we are hoping to convince the judge to expressely put in the custody docs that we have the legal right to take my stepson to NZ. Has anyone tried something like that?

The other concern we have - due to the speed with which things are happening, my husband and I will have PR in our passports when we move to NZ at end of May (early June) but my stepson will not.

Our current plan is to file the paperwork to get PR for him once we are in NZ. That means he would be entering the country on a visitor visa. Has anyone taken a minor child into the country without a PR stamp is his/her passport? Will customs ask to see any paperwork?

We don't know what else to do but we don't want them to try to send him home!

Any advice appreciated!
RoadRunner

[leslie]

my understanding of new regime is you will be red-flagged from here to eternity. perhaps put him on a visitors visa while you chew the red tape

[veronica]

Roadrunner I can't see that entry here will be a problem. we have a 12 year old foster 'granson' flying out alone to spend the summer (UK) with us here and he will be coming in on a visitors visa.

[baboonworld]

I wuld have thought, if you were never married, that the mother would have sole parental responsibilty and the father would have to take the mother to court to try and stop her taking child away.

I can imagine that in the case of "absent fathers" this would definately apply.