Advice and Support for South Africans Immigrating to New Zealand

South Africans Going To New Zealand

Author Topic: Examples of Consent letter from other parent to bring child over  (Read 3228 times)

Offline Charmed

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Hi!

I noticed that there were some parents on the forum who had mentioned that they needed a letter of consent from the other parent.  :)

I was hoping that one of you would reply or PM me.   :help:
I am hoping to get a copy of the document to that I may see the wording. I don't want to get a lawyer involved as my son's father will get defensive. We were never married but under the new Children's Act a lot of things have changed.  >:(

My son turns 12 this year and says that he wants to go with. Just hoping he's father will understand.  :sweat:

Offline Charmed

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Re: Examples of Consent letter from other parent to bring child over
« Reply #1 on: January 15, 2014, 10:47:44 am »
I created my own Letter of Consent which I will attach for others to see.

According to Home Affairs you only need a letter from the father consenting to the child getting a passport and a copy of his ID. Can be faxed or emailed to you. Doesn't have to be an original.  O0

As for the consent to remove a child from South African borders, I took the Children's Act (child born out of wedlock) - Parental Responsibilities and gave a confirmation as to what the father's / mother's rights are for each of the items (as in my situation):
Contact, Care, Financial Responsibilities (Maintenance) and Guardianship.
Although the father automatically has rights to the child, he may not have all of them.
In my case he has never co-signed any schooling, medical documentation, etc. I have made all those decisions without him and it never really bothered him. So by default, as he never requested this, he can't really jump in now! 
(His wife requested that I don't put his details down at crèche or school, probably just in case I tell the school to make them pay!) :uglystupid2:

Here's to hoping he'll sign this document!  :sweat:

If you have a document like this but have additional things to add, PLEASE inform us?
Thanks!

SA Going to NZ Advice Forum

Re: Examples of Consent letter from other parent to bring child over
« Reply #1 on: January 15, 2014, 10:47:44 am »

Offline Chan in Wellington

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Re: Examples of Consent letter from other parent to bring child over
« Reply #2 on: January 15, 2014, 06:16:26 pm »
I will send you a copy of the one that was drawn up by a lawyer back in SA...not much could have changed in 2 years.
'The only difference between a rut and a grave, is the depth'.

Offline Charmed

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Re: Examples of Consent letter from other parent to bring child over
« Reply #3 on: January 15, 2014, 08:25:31 pm »
Thank you so much!  O0

That would be a great help!  :clap:

Offline rmarks

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Re: Examples of Consent letter from other parent to bring child over
« Reply #4 on: January 23, 2014, 02:44:30 pm »
Hi all,

My daughter is 10 years old and I want to obviously take her with when we move.  The problem is that her father (my ex-husband) will try and make things as difficult as possible for me.  Have any of you gone through the same thing?  I would really appreciate any advice.....

TIA

Offline Charmed

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Re: Examples of Consent letter from other parent to bring child over
« Reply #5 on: January 23, 2014, 08:28:05 pm »
Hi rmarks!

Here are my 2c.
We will be going through the same thing except that we were never married.
With the new children's act, you need the father's consent either way.
What I have found out is that if he won't give permission you'll have to take the matter to the High Court.
If you leave the country without his consent he could have you charged with kidnapping.  :knuppel2:

After doing some online research on these type of cases your chances are 50/50 in the court.
You will have to do your homework though.
Remember the court is neutral to the parents and only take what is best for the child into consideration.
If the child is old / mature enough: How does the child feel about the move? Do they understand the changes?
How often do they see / visit the other parent? How is their bond / relationship with the other parent?
How will this affect their relationship with the other parent? How often will the child be able to come back to visit the other parent?
How will they react to the changes in school, environment, etc?

This is where your homework comes in.  :smart:
Find out as much as you can about NZ and what they have which will be better for your child and your family that SA doesn't have.
From schooling, varsity, crime, etc.
If you or your hubby already have a job offer with better benefits (salary) which will give your child a better financial future that will help.
I have noticed that you mentioned in one of your other posts that you also have a 3 year old. This will be beneficial to you as well as Judges don't like splitting sibling.
The other thing is that some Judges mentioned in some of the cases that they can't take away the parents' right to freedom (moving, immigrating, etc.) which will help as well.

As I said, this is my 2c worth. We'll be going through the same type of thing.  :crazy2:
The above information was taken from actual court hearings in the High Court which I researched on the internet.
Perhaps you should consider seeing a lawyer for a more solid answer.
I'm just lucky enough that my child is turning 12 in April and he says he wants to go. And I'm hoping with a lot of convincing his father will let him go without having to go to court.

 :gl:

Offline Charmed

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Re: Examples of Consent letter from other parent to bring child over
« Reply #6 on: January 29, 2014, 01:58:02 pm »
Hi All

Thanks to Chan's sample I was able to put the following together. This is specific to my circumstances, child out of wedlock, etc.
Perhaps it will help someone else in setting up their own letter of consent.

SA Going to NZ Advice Forum

Re: Examples of Consent letter from other parent to bring child over
« Reply #6 on: January 29, 2014, 01:58:02 pm »

Offline Heaven

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Re: Examples of Consent letter from other parent to bring child over
« Reply #7 on: January 31, 2014, 10:01:08 am »
My oldest biological child is 15 - a son born out of legal wedlock. At the time of his birth (1998), they did not register his fathers details automatically on the birth certificate - a special request for this including an acknowledgement of paternity would have to have been submitted. His dad never made that request, so from a legal standpoint, he has never claimed paternity leaving me the sole parent and guardian even under the new Children's Act. I have never required his dad's permission for anything. Of course, if his dad wanted, he could apply for shared parental care but this hasn't happened as we have a pretty unique way of co-parenting!

As for my daughters, I was married legally to their dad and required his permission for everything despite being awarded sole custody and guardianship in a high court matter. He played around only giving consent at the last possible hour and then threatening to revoke it even until a few days before we flew. Since he didn't have contact with the kids nor made financial contributions, I would have had an easy case but luckily it never came to that as it is very costly to get it to court.

This is the wording I used in my letter and had no hassles - it was in 2011.

SWORN AFFIDAVIT

Consent for International Relocation with One Legal Guardian

I, (Other parent’s full names), with South African Identity Number (Identity number of other parent) declare that I am the parent of:

1.   (First child’s full names), (Gender), born on (Date of Birth) at (Place, Province, Country). (First child’s full names) has a (Country of citizenship) passport numbered (Passport number), which was issued on (Date of Issue) in (Country of issue). And

2.   (Second child’s full names), (Gender), born on (Date of Birth) at (Place, Province, Country). (Second child’s full names) has a (Country of citizenship) passport numbered (Passport number), which was issued on (Date of Issue) in (Country of issue).

(Add additional children in the same format)

My child/ren, (First child’s full names) and (Second child’s full names) etc (hereafter referred to as ‘the children’), have my consent to relocate to New Zealand with (Relocating parent’s full names i.e. you), born on (Date of Birth) and of (Full residential address). (Relocating parent’s full names i.e. you) has a (Country of citizenship) passport numbered (Passport number), which was issued (Date of Issue) in (Country of issue), and South African Identity Number (Relocating parent’s Identity number i.e. yours). 

The conditions of relocation are that my children will be able to visit me bi-annually in South Africa during a mutually agreed upon New Zealand school holiday. (Or any other conditions if applicable)

Any questions regarding this document may be addressed to me at:

(Other parent’s full names)
(Other parent’s full residential address)
(Other parent’s contact number/s)


Signed on this _____ day of (Month, Year) at ______________________________ and legally witnessed by

Name _______________________________ and Designation _________________________________   


______________________________            _______________________________
(Other parent’s full names)               Witness
02-04-2011 - Landed in NZ for LSD
22-07-2011 - 5 year WP issued
18-08-2011 - Moved to NZ
21-09-2011 - EOI submitted & selected
21-03-2012 - Residence Approved
16-04-2014 - Permanent Residence Approved

Offline Charmed

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Re: Examples of Consent letter from other parent to bring child over
« Reply #8 on: February 02, 2014, 11:25:13 am »
Thanks Heaven!

I will be incorporating your wording with Chan's into the new affidavit I have typed out.
Thanks to all who are so helpful on this forum!