Pollyana

Don't act on advice from the Aus High Commission they can only give you basic facts.
Either use that Family Law link above, or speak to a registered migration agent. I solicitor who sends you to the High Commission clerly doesn't understand the case - effectively you could be handing over your child to your ex toive in Aus for good.

Don't sign anything until you understand the implications totally - at the furthest extreme you could be agreeing that your child can migrate permanently to Aus.

Not knowing about access rights etc between you and your ex, make sure you know where your child's passport is, and if possible keep it with you, do not let your ex have it. Your ex will need to get your child to have a medical whether migrating to Australia or not (as your child is one of his dependents). The only way round this is a letter from you refusing to allow the medical.
He will need ID to do the medical and if you hang on to the ID it means the medical cannot take place without your knowledge - for instance he can't take then the child for a medical while on an access visit.

If the child is only going to visit Aus they can do that on a 3 months evisitor, no need for a medical or Form 1229, which states

Note: This form is not for the use of Electronic Travel Authority
(ETA) or eVisitor applicants who are under 18 years of age.

Nicky75

Thanks moneypenny 20 I'll contact my ex for more information.
Thanks everyone for the advice been a great help

spouse of scouse

Best of luck Nicky. Let us know how you get on

Nicky75

Will do thanks

Nicky75

My ex is applying for PR189 visa permanent residency skilled visa .no date for moving as yet but hoping to move by June 2018

moneypenny20

What are his reasons for wanting you to sign the form?

Pollyana

For a 189 the child will have to be included as either a 'migrating dependent' or a 'non-migrating dependent'.

If you are agreeable, and it is down to you Nicky to make the decision, then the child can be included as a migrating dependent. That doesn't ecessarily mean that the child has to emigrate. What it does mean is that the child would get a permanent residency visa for Aus.
The child then has to visit Australia, usually within 12 months of having their medical, to validate the visa. They can then return to the UK and carry on living here. If they wish to visitthe parent in Aus then they can do so using that same visa for the next 5 years, after that it gets more complex, but it does mean that further down the lineif the child decides he wants to move there permanently, the door is already ajar and with a parent there it should be a lot easier to get a RRV and keep using the PR visa.
So basically you could be giving the child a good chance of a life in Aus when he becomes an adult.

However a lot of this depends on your personal circumstances and whether you trust your ex to return the child to the UK from holidays in Aus.

---------------------------------------

Alternatively he can be listed as a non-migrating dependent, and will not be issued a visa. If thats the case you would not be signing 1229.

Gordon Barlow

I'm with Old Sparkles: don't sign the form on any account! Let your ex emigrate/immigrate alone, and allow the child to visit by special arrangement when it's appropriate. This proposal stinks to high heaven.

quoll

I'm with the others - don't sign a thing! You don't need to! Your son can get an ETA to go on visits. You need also to read up on The Hague Convention because if your ex gets your son to Australia and you've signed something which says he can go, then the Australian family court won't let him leave should you or he decide he needs to be with you in UK. Be very careful and have a good lawyer lined up but don't sign anything.

Nicky75

My ex said if I don't sign my son can't visit him . I don't want to stop my son from going to Australia be amazing for him but there's no trust with my ex . So if I was to get my son ETA to visit I still need to sign 1229 form but just for temporary visit coz I'll not be travelling with him

Nicky75

Thanks for all your help it's a lot to take in

Nicky75

My ex said it for non migrating dependent but still needs me to sign 1229

old.sparkles

I don't believe you need to sign the form for a non-migrating dependent - nor for an eTA. I think you know that what your ex is telling you doesn't fully add up or you'd have signed the form. As suggested before, try a MARA agent. Go Matilda or TeeTMI post on the forum but google should be able to give you contact info. It would put your mind to rest and give you the best possible info on visas, what happens with non-migrating dependents, and so on.

moneypenny20

You don't need to do anything you don't want to. Especially if you don't believe it's in the best interests of your son. The 1229 is designed to give your son a visa as part of his father's application. He's not migrating with his father, he doesn't need a visa therefore you don't need to sign the form.

Pollyana

For a visit all your son needs is an ETA/evisitor. You appy for that for him just before the visit, and one for you if you are travelling too. Very easy and done online. No need for 1229.

https://www.border.gov.au/Trav/Visa-1/651-#