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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What are my options for taking my children to NZ to live?

Resolved Question:

What are my options for taking my children to NZ to live? Their father is named on their birth certificates but refuses contact with them, and we don't know where he lives. They will be 16 and 11 when we go (2016) and because of a change in law, he has parerental responsibility for the youngest but not the eldest (from being named on the certificate). Thanks

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did you last hear from their father?
Clare
Customer: replied 3 years ago.

Hi Clare


 


We last heard from him in December 2009.


 


Nevine

Expert:  Clare replied 3 years ago.
Hi
Setting aside the Uk requirements - do NZ immigration have any specific requirements (I know Australia and Canada do) in these circumstances?
Clare
Customer: replied 3 years ago.

Hi Clare


 


NZ immigration requires evidence that I have the right to remove the child from the country. They specify that they will follow laws and regulations in the origin country where they exist.


 


So I guess I need to find a way to remove his parental responsibility?


 


Nevine

Expert:  Clare replied 3 years ago.
Hi
Do you have contact with any wider family members
Clare
Customer: replied 3 years ago.

Hi


Yes, in a fashion. We have contact with his mum and his sister. Or rather, my eldest son does.


Nevine

Expert:  Clare replied 3 years ago.
Hi
As you have already identified there is no problem with regard to your elder child - his father does not have PR - and since he will be over 16 he can make his own decision on the move.
With regard to the younger child what you need is either the permission of the father - or an order from the Court agreeing to the move.
You will need to trace your ex - either via his family or via an Enquiry Agent.
You should write and ask his permission - if he fails to respond or refuses then you make an application to the court for "leave to remove the child from the UK"
The application is made on a form C1 http://www.familylaw.co.uk/system/uploads/attachments/0002/1995/c1_e.pdf
You can read more here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Are there any routes to follow to simply remove his parental responsibility? Cost wise I need to keep it down as much as possible, but time wise we are not looking to move for 2 years. I don't suppose you have any idea as to the costs involved with going to court?

Expert:  Clare replied 3 years ago.
Hi
No I am afraid that is in fact a harder application to make
If you do the court application yourself the only cost is the issue fee of £215
An enquiry agent should not cost you more than £100 or so
Clare
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