New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 5 months ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 5 minutes by:
3/8/2018
Solicitor: Chris The Lawyer, Lawyer replied 5 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,854
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 5 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

Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 5 months ago

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

Ask Your Own New Zealand Law Question
Customer reply replied 5 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 5 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.

Ask Your Own New Zealand Law Question
Customer reply replied 5 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 5 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

Ask Your Own New Zealand Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,854
23,854 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,854 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

76 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

< Previous | Next >

Related New Zealand Law Questions
My grandniece has a minor conviction for assault on another
Hi there my grandniece has a minor conviction for assault on another person a male. Is that going to stop her from returning to Australia where her father and her grandmother are. Her father would lik… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
Is there a lawyer a grandparent, who is caring for a 2 year
Is there a lawyer a grandparent, who is caring for a 2 year old child long term without formal legal custody, can call after-hours if the parent decides they want to uplift the child while they are ps… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
I would like to know about immigration law into New Zealand,
hello! yes, I would like to know about immigration law into New Zealand , I am an NZ citizen. I want to bring my Russian fiance to NZ with her daughter 4 years old from a previous marriage. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
I am a kiwi living in Australia, my question is about my
Hi, I am a kiwi living in Australia, my question is about my husband adopting my 14 year old daughter. We have been married for 11 years and my daughter has lived with us the whole time. Her biologica… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,942 satisfied customers
My daughter in Australia has just separated from her
My daughter in Australia has just separated from her husband. My daughter and her son both have NZ citizenship. Son is 18 months old. Father is an Indian citizen with a NZ spouses visa in Australia. C… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
I contacted you earlier concerning my husbands rights
Hi Chris, I contacted you earlier concerning my husbands rights regarding his paternal son. His son was adopted out soon after he was born, and as a result it must have been stated on his birth certif… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
I am in the process of adopting my step son (Calvin) and
I am in the process of adopting my step son (Calvin) and have hit a snag. I have been his Dad since he was born (3 years in April 2017), his biological father is named on the birth certificate but is … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
My husband found out just recently that he fathered a child
Good morning, my husband found out just recently that he fathered a child when he was 20 years old. That was 36 years ago. At the time it seemed the woman involved took off when she found out she was … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
My daughter (unmarried, unemployed, 22) has just found she
My daughter (unmarried, unemployed, 22) has just found she is more than 20 weeks pregnant. She is slightly autistic. My ex-wife has accompanied her to a late-stage abortion clinic in Melbourne that ha… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
My daughter and grandson have been verbally abused in Australia
My daughter and grandson have been verbally abused in Australia for years they want to come back to New Zealand to live with family what do we have to do my daughter has lost 38kilos in 4 months cause… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
I am a filipino married to a kiwi. We just got married last
I am a filipino married to a kiwi. We just got married last month. I have a daughter from a previous relationship. He is a filipino also. His name is ***** ***** birth certificate. But we broke up whe… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
Hi, [Background] Myself and my wife were granted a Residence
Hi, [Background] Myself and my wife were granted a Residence Visa after our successful skilled immigration application. I am Pakistani and my wife is from Ukraine. I was the primary applicant and she … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
Is it possible to adopt a child who is over the age of 19?
Is it possible to adopt a child who is over the age of 19? My same-sex partner and I had been together for 25 years when she died two years ago and at the time our daughter was 17. When my partner was… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
Hi my son and his former girlfriend have a baby daughter, soon
Hi my son and his former girlfriend have a baby daughter, soon after baby was born my sons girlfriend dropped him like a hot potato...., my son moved to australia, she told him that she didnt want him… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
My 13 year old daughter and I have lived in NEw Zealand for
My 13 year old daughter and I have lived in NEw Zealand for 7 years now. We both hold foreign passports as we are not citizens here yet. My daughter's father and I separated when she was 10 months old… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
I am a New Zealand citizen. My wife is a Philippines citizen.
I am a New Zealand citizen. My wife is a Philippines citizen. We got married in South Korea and have a baby daughter who was born in South Korea. Our daughter has been registered as a New Zealand citi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
Hi, My Name is XXXXX XXXXX I have had care of my grandson for
Hi, My Name is XXXXX XXXXX I have had care of my grandson for 3 years. I recently got made redundant and applied for the unsupported child benefit. This was declined. While the recommendation from the… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers
if i were to marry my partner , can i adopt her daughter her
if i were to marry my partner , can i adopt her daughter ? her ex husband live overseas and use to beat her while she was pregnant so she left and moved to nz. Her and her daughter are nz residents an… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,854 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x