# Moving my son without his father



## Laurenmcgrouther (Dec 18, 2013)

I was wondering if anyone can help me out with a bit of information about a complicated matter.

I live in Scotland with my 7 year old son and my partner. My sons father hasn't seen him for roughly 3 years, but before that he only seen him a few times over a few years. 

We are in the early stages of planning our move to NZ

I've been informed that I need his fathers permission to move to NZ, we were never married but his name is on my sons birth certificate.

We have been to court a few years ago and he was granted access but NOT joint custody but breached the court agreement within 8 weeks and hasn't been in touch since. 

I would be greatful if anyone in a similar situation could give me some advice before i go to a lawyer. 

Thank you in advance!


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## sharbuck (Dec 10, 2013)

Each country has their own laws regarding abandonment, your lawyer should be able to guide you through. I would also,okay the requirements from New Zealand immigration in this regard.

Best of luck


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## Guest (Dec 18, 2013)

You can't remove your child from the UK without a court order giving you permission if you do not have the signed & legally witnessed consent of the father.

The fathers contact or lack of is irrelevant to needing this but it would help you get a court order if he is not interested. 

Any country which is a signatory to the hauge child protection convention will demand one of these before granting a visa. New Zealand is a signatory as is the UK.


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## sharbuck (Dec 10, 2013)

My Mom faced the same situation in leaving Germany with me years ago. My biological father refused to sign the consent papers until Mom demanded that all child support be due immediately or he would be jailed. She also forfeited any future support in exchange for the consent. The papers were signed within 24 hrs.

Have you approached the father to see if he would allow his son to move ? What advice has a lawyer given you ?


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## Laurenmcgrouther (Dec 18, 2013)

Thank you so much for everyone's replies, I haven't been to see my lawyer yet but will go soon. I'm not sure but does anyone knot how it works if my partner had peremtL rights? No I haven't contacted the father as I don't know his whereabouts. He hasn't seen my son for 3 years and has never paid for him his whole life?


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## Guest (Dec 19, 2013)

It is irrelevant if he sees him, pays for him or has parental rights. The law states you can not remove a child from the jurisdiction of their usual residence without permission of mother, father and anyone ese who has parental rights (such as a child who's grandparents or someone else may have parental rights) but as he is named on the birth certificate he has parental rights anyway and even if a court or he lets you take your child overseas he will still have parental rights. 

If he is not interested you may be best contacting him and seeing if he will agree. He may just sign rather than have to fulfil his responsibilities.


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