can my daughter take her daughter who was born in australia back to new zealand without her partners permissio

Answer 1

Your grand-daughter needs a Passport to travel to New Zealand and the passport application requires the signatures of both mother and father.

I would love to know K. Bear's secret because I wanted to take my sons to New Zealand for a holiday a few years ago and their father would not sign their passport applications. Hence no NZ holiday. I thought about forging his signature, but I figured that would be a very bad idea.

Answer 2

The short answer is no, because the New Zealand courts will not allow that. Australia and New Zealand co-operate far too closely in law for her to get away with that.

Your granddaughter needs to have her own Australian passport. If she hasn't already got one then it's impossible without the father's consent, because the government will have a record of her father, making it impossible for your daughter to fill out the application as a sole guardian.

Second, your daughter can only take your granddaughter if her father does not protest, even if he does not do so until they get to New Zealand. Your daughter will merely find herself in the courts of New Zealand instead, fighting with the father for sole custody. Australia and New Zealand co-operate on most legal matters.

So to sum up, unless the father gives permission, it's impossible. Unless your daughter and granddaughter plan to go into hiding in New Zealand.

Now that the legal part is out of the way, I must express my sadness over your daughter's irresponsible attitude. Whilst I don't know of the full circumstances of the relationship, it is , generally speaking, never acceptable to remove a child from the care of a guardian without that guardians permission, except in truly abusive circumstances, in which case legal aid should be sought. Your daughter and her partner have shared guardianship of your daughter, and that guardianship is enshrined in law.

Answer 3

Doesn't sound like a good idea to me. After all, the partner had some role in bringing the child into the world; consequently, he would have parental rights and responsibilities the same as the child's mother would have.

Answer 4

There's your answer.
Why ask a bunch of so called experts, as some of the experts say you can, others say you cant.
Go and get Legal advice from a solicitor than you will know where you stand with out falling foul of the law.

Answer 5

Not sure which state you are in but it is highly unlikely. This is from the Legal Aid Queensland site specifically relating to taking a child overseas, it also briefly outlines the Hague Convention:
http://www.legalaid.qld.gov.au/Legal+Information/Relationships+and+children/Children+-+moving+-+location+and+recovery/Abduction+overseas.htm

Answer 6

from my experiance you cant even move a child from 1 stae to another without the fathers permission. but that has always been where the father has contested the movement. if the father doesnt see or have anything to do with the child then she may be ok.

Answer 7

unless she has a court order granting her full custody and guardianship the child will usually need her father to sign her passport application
if the father is not active in the child's life i think your daughter can apply to the court for permission
she needs legal advice on this matter,as fathers have rights too

Answer 8

No, I would not think so , it is out of the country after all and would she like him to do it to her

Answer 9

There are ways around it, but won't say online .. and I can't email you. Feel free to email me with this question.