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I am in a relationship with a Vietnamese women. We are in…

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I am in a relationship...
I am in a relationship with a Vietnamese women. We are in the process of getting visas so we can get married. She has a daughter who until the age of 3 she can travel with without consent from her father. They were divorced 2 years ago after she was beaten and police came and removed her from the situation. If we were to marry what is the process of me adopting the child. Do we need the fathers consent?
Submitted: 3 months ago.Category: New Zealand Law
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3/8/2018
Solicitor: Chris The Lawyer, Lawyer replied 3 months ago
Chris The Lawyer
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Solicitor: Chris The Lawyer, Lawyer replied 3 months ago

Normally the fathers consent is required, but it is possible to apply for the consent to be dispensed with.

If the father is in New Zealand it would be easier to see if he consented. If he refuses, then you can apply for his consent to be dispensed with, but that is not always easy. Courts are reluctant to sever the ties completely. If he is in Vietnam, then you should still seek his consent, but it may be easier for his consent to be not necessary.

What may be useful would be for you to apply to become an additional guardian. Again however, the fathers input would be required. You don't need visas to get married – anyone can get married in New Zealand if you are resident here

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Solicitor: Chris The Lawyer, Lawyer replied 3 months ago

You also do not need to be married to adopt the child. Partners living together can apply to adopt

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Customer reply replied 3 months ago
On April 16 Pi her daughter turns 3. Yesterday we chatted with the father and he was adamant that he would not give consent. We have our application for visa being filled as we speak. Our holdup is the police check I require for sponsoring them to come to nz. That is due around the 20th so time is of the essence. After she turns 3 we need consent to take her from Vietnam is the information we have received. If all this could be done before April 16 and if we were to get married I’m starting to get worried. We may be pregnant with our own child and now this is fast becoming really messy. If luong can take Pi to New Zealand the question is can I adopt her so they don’t need to return. Of course this would have to be based on whether we could get future visas for this to happen
Solicitor: Chris The Lawyer, Lawyer replied 3 months ago

In those circumstances I don't think adoption is a realistic option. If the father will not consent, then it would be difficult because the effect of adoption is that cuts the legal ties to the father. If he still wants some involvement in her life, then an adoption order is unlikely to be granted. If the purpose of the adoption is to help with her visa application, you should be aware that a defended adoption application would take at least 12 months, and even without a defence, would still take 6 to 9 months.

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Customer reply replied 3 months ago
That was my thought. Just grasping at straws at different options. In this case would your advice be to try to do this from the Vietnam end? If the fathers consent is needed from the New Zealand end. It has become really messy if we are expecting a child. I divorced my wife 6 years ago. I am raising one daughter 17 and my ex is raising our other daughter 12. It’s amazing how in one day when you thought everything was fine to have ones life turned upside down. In my situation what would you advise please
Solicitor: Chris The Lawyer, Lawyer replied 3 months ago

I think you should concentrate on getting the visa for your partner and her daughter. If the cut-off point is when she turns 3 to remove her from Vietnam without the father's consent, then you could get them to come here on a visitors permit, and then apply for a partners permit subsequently. But you might be aware of the provisions of the Hague Convention and the Care of Children Act in New Zealand law, which do say that you cannot take a child from one country to another without the father's consent. Under Vietnamese law, if age 3 is the limit, you could still have problems getting an appropriate family court orders because there is no such limit under New Zealand law. The factor of family violence is something which would assist, and you could see if the father will consent on the basis that the mother will not seek child support from him

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