# a letter of consent from biological father



## andyandnat

Any chance anybody can give some advice as to how we go about getting consent from biological father for three of our children as we have no contact details,
there hasnt been contact for 9 years apart from some cards and gifts (birthdays and xmas) which stopped totally 3 years ago ?

Any advice and experience would be welcome

Thank you


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## G-Mo

You can try to get a court order if you cannot get a letter of consent. It will require a lawyer and time.


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## jenswaters

I was in contact with my husband and he signed an affidavit stating that he gave permission. But I had to do this as we had joint/shared custody, rather than a court order stating I was the primary custodian. Is there any piece of paper from the courts and in your divorce that shows a custodial order? 

I strongly mention a call to Immigration NZ to see what they say, and get some advice from a family lawyer. This is what is in the Operation Manual online:

_E4.1.15 Custody of children under the age of 16 years
If an applicant is applying for a visa to enter New Zealand for the purpose of marriage to a New Zealand citizen or residence class visa holder (see V3.35), or for any temporary entry class visa with the intention of remaining in New Zealand for a period of 12 months or more and:
a child under the age of 16 years is included in their application; or
a child under the age of 16 years is applying for a different type of visa in order to accompany that parent as provided by E4.5; and
that child's other parent is not included in the application or accompanying the child to New Zealand,
immigration officers must be satisfied that the applicant parent has the right to remove the child from its country of residence or from the country in which rights of custody or visitation have been granted, or that the other parent consents to such removal.
Evidence of the right to remove the child from its country of residence, or from the country in which rights of custody or visitation have been granted includes, but is not limited to, legal documents showing that the applicant or accompanying parent has sole custody of the child and the other parent has no visitation rights, and/or a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to remain in New Zealand for their period of intended stay if their entry is approved._

I 'm sorry I can't be more help  Is there anyone else out there who has been through this and found a solution???


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## andyandnat

Thank you both for your replies !

There was no marriage so no divorce or custody rights he left when twins were born and has only seen kids half a dozen times i came on the scene 18 months later and we were married last year, 
we dont have a contact for him but he does pay through csa i was hoping somebody might of had similar problems,

if we go through a solicitor has any body any ideas on time scale?


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## toadsurfer

Trying to track him down and getting a letter of consent will be the best way. You need the permission of the other parent irrespective of whether there is contact or joint parental responsibility. 
You can try asking the CSA to forward letters onto him or you can easily use a tracing agent to try and find him for not much money. 
If no success, or if he refuses consent, you'll need a court order. This takes time to prepare for as you need to put a very comprehensive case forward as to how the relocation will benefit the children. My guess is you would be possibly looking at at least 6 months depending on which court you were going through. 
Try and track him down first. That shouldn't take too long and then if needs be speak to a family lawyer. Quite a few family lawyers offer a free half hour initial chat to discuss options before committing.


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## andyandnat

toadsurfer said:


> Trying to track him down and getting a letter of consent will be the best way. You need the permission of the other parent irrespective of whether there is contact or joint parental responsibility.
> You can try asking the CSA to forward letters onto him or you can easily use a tracing agent to try and find him for not much money.
> If no success, or if he refuses consent, you'll need a court order. This takes time to prepare for as you need to put a very comprehensive case forward as to how the relocation will benefit the children. My guess is you would be possibly looking at at least 6 months depending on which court you were going through.
> Try and track him down first. That shouldn't take too long and then if needs be speak to a family lawyer. Quite a few family lawyers offer a free half hour initial chat to discuss options before committing.


cheers have sent letters after finding an address, thanks for help! we will see!


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## jenswaters

toadsurfer said:


> Trying to track him down and getting a letter of consent will be the best way. You need the permission of the other parent irrespective of whether there is contact or joint parental responsibility.
> You can try asking the CSA to forward letters onto him or you can easily use a tracing agent to try and find him for not much money.
> If no success, or if he refuses consent, you'll need a court order. This takes time to prepare for as you need to put a very comprehensive case forward as to how the relocation will benefit the children. My guess is you would be possibly looking at at least 6 months depending on which court you were going through.
> Try and track him down first. That shouldn't take too long and then if needs be speak to a family lawyer. Quite a few family lawyers offer a free half hour initial chat to discuss options before committing.


What an awesome and informative response...fingers crossed this gets the desired results


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