Visas & Custody Issues
Migrating with children, particularly when you have a blended family or even if you are a single parent can be complex, not only because of all the logistics involved, but because there are very specific legalities tied to the visa process, for you and those children. INZ has a fairly complicated set of rules when it comes the evidence and information required for children, whose parents are divorced, separated, never married or even where one parent is simply not migrating (yes it happens).
Those requirements can become very onerous, if you haven’t worked them out at the start of the process and even if you have, INZ can still make things challenging depending on the country you are coming from and the variety of information that might be available. We deal with this regularly and INZ’s requirements, while logical, in terms of protecting the rights of children and parents, can often be archaic or out of step with how the world operates.
Understanding some of the basics might help those families looking to make the move, to plan ahead, know what to expect in terms of the questions that will surface and what documentation might be useful when it comes to bringing those children along with you.
Divorced, Separated, Never Married?
The first thing to bear in mind is that rules for custody and proving custodial rights are focused on children under the age of 16 years, which means that as soon as your child turns 16, and if one of the biological parents is not migrating with the child, then there is no evidence of custody required. There is a slight anomaly to this for temporary visas, where the rules do refer to consent for children up to 18 years of age, although this is not a custody issue specifically but more a protection to prevent children from being trafficked.
In terms of children under 16, INZ is looking to verify and confirm one thing…that the parent who is migrating has the legal right to take that child away from the other parent and out of the country of residence, in order to live in New Zealand. This is a complex part of the rule book because it draws on a number of other legal elements and our obligations under various international treaties, namely the Hague Convention.
Different Strokes
INZ has different rules for different family situations, depending on whether you are separated, divorced or just one parent is migrating.
I am not going to cross in to the legal issues here, but instead concentrate on how INZ applies these obligations and laws to the visa process.
Separated or Divorced
If the parents are separated or divorced, the applying parent must prove they are legally allowed to take the child out of the country where custody or visitation rights were granted.
INZ will usually require one of the following documents in order to be able to include that child in an application or to grant them residence as a dependent child (if they are applying directly):
A legal custody document confirming the applying parent has sole custody and can decide where the child lives (with no visitation rights for the other parent); or
A court order giving permission to relocate the child; or
A signed, properly witnessed consent from the other parent allowing the child to live in New Zealand.
There is an exception to this, which is if the local law automatically gives custody to one parent and does not issue specific documents to confirm this, INZ may accept that statutory right without further paperwork, although that right still has to be proven.
Only One Parent Included
This applies to situations where the parents are not separated or divorced, but only one is applying for residence with the child. It is slightly unusual, but does actually occur and for various reasons. Even though the parents may still be together, INZ still needs to confirm that the parent who is not migrating, consents to the child being able to be included in an application. The applying parent must therefore still show they have the legal right to remove the child from their home country.
In this case, INZ will usually require:
A written and confirmed statement from both parents (this usually happens during an INZ interview); or
A court order allowing the child to be taken out of the country.
Again, there are special circumstances that can apply, particularly if the other parent is deceased, in which case a death certificate must be provided. Also, if local law gives automatic custody without issuing documents, INZ can accept that as long as that right is confirmed.
Adoption Details
Adoptions are also something that we regularly have to tackle and whilst it might seem relatively straightforward to an adoptive parent, INZ has quite specific rules on how this works - rules which are actually being reviewed as part of a bigger overhaul of the Adoption Act (1955). Like many sections of our immigration rule book, the process or adoptions is governed by a separate law relating to adoptions generally.
Rules For Adoptions
The rules for adoptions are being overhauled and that will then flow on to how INZ assesses adoptive relationships for all visa categories.
New Zealand is in the middle of a significant reform of its adoption system, largely driven by concerns about child safety and gaps in the current law. At the centre of this is the Adoption Amendment Bill 2025, which has already begun affecting how international adoptions are treated for immigration and citizenship purposes.
Previously, overseas adoptions could be used to establish a legal parent–child relationship for dependent child visas and citizenship applications. In fact the only way to include a child in a residence application is by showing they are biologically your child or, that they have been legally adopted. Up until recently, the rules for that adoptive process were somewhat broad, allowing for various forms of adoption to be accepted. The current forms aim to change that. With immediate effect from 18 September 2025, New Zealand no longer recognises most overseas adoptions for immigration and citizenship purposes unless the adoption took place in an “exempt country” (countries assessed as having adequate adoption safeguards).
This means children adopted abroad may be ineligible for NZ visas or citizenship via their adoptive parents unless the adoption is from an exempt country, although visa applications lodged before the rule change are treated under the old system.
The message here is that while including an adopted child in your application for residence is possible, you now have to check very carefully whether the adoption meets these new interim criteria - criteria that will remain in place under the Adoption Amendment Bill and until the Adoption Act has been updated.
Need Some Help?
Navigating New Zealand’s residence rules for children - whether through custody arrangements, separated parents, or adoption - has always required care and research, but the landscape has become even more complex with the Government’s recent overhaul of adoption law and INZ’s tightened requirements around internationally adopted children. The common thread running through all these changes is clear: New Zealand now places far greater emphasis on protecting children, which is of course a really good thing to be doing.
For migrants however, this means that evidence requirements are stricter, timelines can be affected, and the documentation needed will vary depending on your family circumstances and the country involved. And for adoptive families - particularly those involved in international or non-Hague adoptions - the temporary suspension of recognition for many overseas adoptions adds an extra layer of complexity that must be understood early on - ideally before you make the big move or come here to seek out employment.
If you are unsure whether your child can be included in your residence application, or you’re dealing with the implications of the recent adoption reforms, professional guidance is not only essential but could save you significant time, money and disappointment.
Turner Hopkins Immigration has experience in both complex family-linked visa applications and international adoption-related immigration matters, and we are available to help you understand your options, prepare the correct evidence, and navigate these changes with confidence. We also have the benefit of having a team of family law experts right next door at Turner Hopkins Law.
If you need advice, reach out to the Turner Hopkins Immigration team - 09 486 2169 or email immigration@turnerhopkins.co.nz.
Until next week.
