Strategic Approach to custody issues
Background:
Our client, a minor child, was included in a residence application under the family category. Immigration New Zealand (INZ) raised concerns regarding the legal right of the child’s parent to remove the child from the country of residence, as required by immigration instructions. The application stalled due to the inability to provide formal custody documentation, all arising from a complex divorce matter involving an uncooperative parent—despite clear evidence of the child’s settled care arrangement and long-term residence in New Zealand.
Our Approach:
We prepared a ministerial intervention request on humanitarian grounds, emphasising the best interests of the child, long-term care history, and broader family circumstances. The submission set out legal, procedural, and compassionate grounds for granting residence as an exception to instructions.
Outcome:
The delegated decision-maker, acting on behalf of the Associate Minister of Immigration, granted the child residence as an exception to immigration policy. The case was referred back to INZ to action the decision, subject to standard checks. The residence was subsequently granted.
Significance:
This case demonstrates how ministerial discretion can be a vital remedy in complex family situations where standard immigration pathways are blocked by legal or evidentiary barriers. Our firm has extensive experience in securing positive outcomes through tailored legal strategies in high-risk and exceptional cases. If you are facing similar challenges, we invite you to contact us for a confidential consultation to explore your options.
