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Dubnya v Sirenko [2018] NZFC 5610

Published 26 June 2019

Application for order resolving dispute — application for New Zealand residency — father refusing support — immigrants — separation — child in danger of deportation — Care of Children Act 2004, ss 4, 5, 15 & 16. The parties and their daughter immigrated to New Zealand in 2011. They separated in 2016, and the respondent husband moved from the South Island to the North Island. The applicant and her daughter applied for New Zealand residency. The respondent did not support his daughter's application, despite having previously obtained an order preventing her removal from New Zealand. The applicant sought an order resolving the issues relating to her daughter's immigration application. The respondent did not appear in the proceedings, but his written communications to the Court suggested his opposition to the residency application arose from his grievances against the applicant. The applicant gave evidence that her daughter may have to return to her country of birth if the dispute was not resolved urgently, as her student visa was soon to expire. The Court found that the child's best interests meant that it must grant the order sought by the applicant. Accordingly, the Court made an order granting the applicant the exclusive rights to make all guardianship decisions relating to her daughter's immigration status. Judgment Date: 24 July 2018. * * * Note: Names have been changed to comply with legal requirements * * *