A Romanian woman being deported from New Zealand after leaving her partner , has been told she must leave her two-year-old son behind . 34-year-old Nicole Mihai was told by the immigration agency that she will now have to return to Romania as she is not a New Zealand resident . However , the Family Court have ruled that her young son , Chris , is not able to reside further than 50 kilometres from his New Zealand father . She now faces a distressing battle with the immigration agency who insist Chris 's future living arrangements 'are not their problem . ' A Romanian woman being deported from New Zealand after relationship broke down , has been told she must leave her 2-year-old son , Chris behind . Nicole Mihai was told by New Zealand Immigration that once her Visa expires , she must return to Romania . ' I go to sleep at night and and wake up in the morning and think today may be the last day with my son , ' Ms. Mihai told Daily Mail Australia . ' I go to sleep at night and and wake up in the morning and think today may be the last day with my son , ' Ms Mihai said . Ms. Mihai separated from her New Zealand born partner after a two-year relationship . She was awarded full custody of their son , with her ex partner having little contact with Chris . Once they separated , immigration had Ms Mihai 's Visa cancelled . ' I had to apply for a temporary Visa and residency , ' she said . 'That was almost a year ago , and I 've been fighting with them ever since . ' According to Ms Mihai , the Immigration Agency have informed her that her application has nothing to do with Chris and therefore he is none of their concern . 'Immigration does n't take all of the facts into consideration , ' she said . In order for Chris to move to Romania to be with his mother , his father would need to sign a contract allowing him to go , which Ms Mihai strongly doubts . 'Even if he signed and Chris were to come with me , we would have to live in a two bedroom home with my mother , my sister and her child , ' she said . 'It would be very hard for me to get a job and my mother can not support all of us . ' Ms Mihai moved to New Zealand seven years ago and worked as a waitress on minimum wage . She admits that she does struggle just like all other single mothers , but she has a new job as a branch manager and her and her son are happy in New Zealand . 'My son was born here ... He does n't know anything else , ' Ms Mihai said . A ruling from the Family Court said Ms Mihai 's son Chris must remain within 50 kilometres of his Kiwi father . The 34-year-old vows to fight this battle until the end and will not give up her life with her son . 'From Monday to Friday , eight til six , he 's in daycare with his friends and for me to take him to a strange place where he does n't know anybody would be very difficult for him . ' Ms Mihai does not know when the end point to this battle will be , but she has had her temporary Visa extended until June 26 which is when she is expecting to receive a final decision . However she said she will fight this battle until the end and will not give up her life with Chris . ' I 'd rather die than live one day without my son , ' she said . ' I 'm just hoping that everything will get sorted and I can just move on with my life and my son 's life . '
A Romanian ##hai being deported from New Zealand after negotiations broke down , has been told she will leave her year - old son behind . Immigration told Nicole ##hai to return Romania as she is not a NZ citizen . Family Court ruled she can not take son more then 50 kms from his father . The 34-year - old has full custody of her son with his father out of the picture . Ms Mihai is now undergoing a long battle with police Agency who insist that her son 's living arrangements ' are not their fault '