Announcement

Collapse
No announcement yet.

New Zealand - Can child born in NZ be taken to USA

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • New Zealand - Can child born in NZ be taken to USA

    Child was born in NZ to NZ mum and USA dad. Child is both NZ Citizen and US Citizen (born abroad).
    Dad was sent back to the USA and is not allowed back in NZ (Immigration ruling based on domestic abuse).
    Mum has finally found strength to say relationship is no more.
    Dad has threatened he has every right to have child in US because child is US Citizen.
    Child has not seen dad in 3 years. Dad provides no support. Dad has no job and a history of domestic violence (some misdemeanors in the states) and other crimminal convictions.

    Is it true that because child is US Citizen that the dad can demand child to the states?
    If so what can mum do to stop this from happening? Discuss with Lawyer in NZ or with a lawyer in USA??
    Please Advise....

  • #2
    Re: New Zealand - Can child born in NZ be taken to USA

    I wish to inform you that you may file a petition in the family court in New Zealand where you and the child reside for child custody and visitation order. You may request for sole custody with suitable visitation for the father. You may inform the court that father is not allowed back in New Zealand on account of domestic abuse charges. Further, he has no job and pays no support. The court always considers the best interest of the child. Generally, the court wants the child to come up under the love and care of both the parents. The court will consider all the facts and decide the matter. Further, both New Zealand and USA are signatories to the Hague Convention.

    AFF

    Comment


    • #3
      Re: New Zealand - Can child born in NZ be taken to USA

      Usually, if a party seeking custody of a child has committed an act of domestic violence then there is a presumption that the best interest of the Child is served by denying the offender the custody of the child. If you think it is in the best interest of your child that the Father has no contact, you'll need to convince the judge that is in the best interest of the child. Moreover, if the father has been voluntarily absent from the life of the child, then you will probably obtain sole custody of the child. Further, if he is not on the birth certificate of the child, then he has to first establish paternity to obtain any rights. Once paternity has been established, he can have the right to petition the court for visitation and for the court to issue a formal custody order relating to the care and welfare of his child. You are the sole and natural guardian of the child until paternity is established.

      Comment


      • #4
        Re: New Zealand - Can child born in NZ be taken to USA

        Originally posted by kiwi View Post
        Child was born in NZ to NZ mum and USA dad. Child is both NZ Citizen and US Citizen (born abroad).
        Dad was sent back to the USA and is not allowed back in NZ (Immigration ruling based on domestic abuse).
        Mum has finally found strength to say relationship is no more.
        Dad has threatened he has every right to have child in US because child is US Citizen.
        Child has not seen dad in 3 years. Dad provides no support. Dad has no job and a history of domestic violence (some misdemeanors in the states) and other crimminal convictions.

        Is it true that because child is US Citizen that the dad can demand child to the states?
        If so what can mum do to stop this from happening? Discuss with Lawyer in NZ or with a lawyer in USA??
        Please Advise....
        Dad can threaten anything. But carrying through on it is another. NO, just because the father is a US citizen does not mean the mother can be forced to deliver the child to him in the US nor take up residency there.

        A deadbeat dad, with a history of domestic violence, who has not seen the child in 3 years has little to zero chance of getting custody. Any issue involving custody of the child must be brought where the child resides -- New Zealand. He would have to trek back to NZ (where he is prohibited from entering), to launch any custody matter there. Should the mother by chance receive any legal process from the US (doubtful any judge or court clerk would issue in the first place), she can ignore it or hand it to a NZ lawyer to respond.

        Comment

        Previously entered content was automatically saved. Restore or Discard.
        Auto-Saved
        Big Grin :D Frown :( Embarrassment :o Confused :confused: Smile :) Stick Out Tongue :p Wink ;) Mad :mad: Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
        x
        Insert: Thumbnail Small Medium Large Fullsize Remove  
        x

        the color of a blueberry is... (write the answer twice with an "@" between the words)

        Loading...
        Working...
        X