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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I wish to return to New Zealand with my British daughter. Her

Resolved Question:

I wish to return to New Zealand with my British daughter. Her dad and I are divorced. He is a British citizen and lives in Africa and has not seen her for over 2 years. Do I need permission to leave the UK with her permanently? His child support money is £1000 + in arrears. REMO and CSA unable to help. The travel is my concern.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
You will need the consent of the father to relocate to New Zealand, if he has parental responsibility. If you were married at the time of your daughter's birth then he will have parental responsibility.
If the father refuses to provide consent then you will need to make an application to court under form C100 for a specific issue order to relocate.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
Thank you for your help. He's not in the UK. I will go to court in his absence.
Expert:  Harris replied 1 year ago.
If you are able to obtain his written consent then you do not need to attend court. If you issued an application he will need to be served with the application and he will have an opportunity to respond to it - which may be lengthier and more stressful for you.
Customer: replied 1 year ago.
He has agreed to sign the application for my daughter's foreign birth registration in new zealand. This will entitle her to a New Zealand passport. However he follows the same pattern of agreeing to things then changing his mind then saying he never agreed. During the divorce it took 3 years to get him out of the house and even after the divorce he was my tenant for 5 months. He's very difficult to deal with. I've sent him the registration form to print and sign and he's not done it.
Customer: replied 1 year ago.
I only have a couple of family members left in the UK now. My mother emigrated to New Zealand.
Expert:  Harris replied 1 year ago.
If you were to apply to court the court will be looking at a lot more things than just family members. The court will need to see that there is a genuine plan for you and your daughter and that you will both be adequately supported.
Again, the best and possibly easiesy first option is to obtain his consent to the relocation. A letter or email from him confirming this will be enough.
Expert:  Clare replied 1 year ago.
HiTo add to the aboveIn fact you are unlikely to have any problem given that your ex does not live in the Uk and has not seen the child for the last two yearsIn addition technically the form to use is a C1 although the court may well accept a C100When you do issue the proceedings spend the extra money to ensure that he is personally served with the papers in AfricaClare
Customer: replied 1 year ago.
Thanks Clare for your further reply to this query. I will sort the foreign birth registration and once done approach my ex for a letter/email for permission. If this is not forthcoming I will take the court route.
Expert:  Clare replied 1 year ago.
You are welcome - I hope all goes well
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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