F5.20 Dependent children under 16 whose parents are separated or divorced (29/11/2010)

1. If the parents of a child under the age of 16 are separated or divorced, the New Zealand citizen or resident parent must have the right to remove the child from the country in which rights of custody or visitation have been granted, or, if no such rights of visitation have been granted, from the country of residence.
2. Such children will not be granted a resident visa unless the New Zealand citizen or resident parent produces satisfactory evidence of their right to remove the child from the country in which the rights of custody or visitation have been granted or, if no such rights of visitation have been granted, from the country of residence.
3. Except where (d) applies, evidence of the right to remove the child from the country in which rights of custody or visitation have been granted must include original or certified copies of:
   1. legal documents showing that the New Zealand citizen or resident parent has the sole right to determine the residence of the child, without rights of visitation by the other parent; or
   2. a court order permitting the New Zealand citizen or resident parent to remove the child from its country of residence; or
   3. legal documents showing that the New Zealand citizen or resident parent has custody of the child and a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to live in New Zealand if the application is approved.
4. Where an immigration officer is satisfied that:
   1. by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child; and
   2. it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the New Zealand citizen or resident parent will be considered by INZ to have the right to remove the child from its country of residence.

Effective 29/11/2010