Mel n Daz

Hiya all

Just want to pick your brains again. We have an agent, who is very good, but on hols at mo. My hubby has 2 children who won't be coming with us to Oz. We have given hubby's ex a Statutory Declaration to sign, to say the children are not coming with us. Four weeks on and she hasn't signed it. One is assuming she isn't gonna either

Anyway, we are now worried about the meds as we were told that the children HAD to have them. If she is not gonna sign a form, she is most certainly not gonna let the kids have the medicals. Does anyone know where we stand on this? Please! We are going out of our minds here.

Also must say, we have always had 'disrupted contact' with the kids and have always paid maintenance for them. If we had our way we would be taking them with us!


Thanks for any advice.

Melissa

Sam

Hi Mel n Daz

Do you know if the same is required if the 'other' child has been legally adopted by his mum and 'new dad'. Do you still need them/her to sign stat dec or carry on because of the adoption?

Here's hoping

Sam (Alan + Girls)

Mel n Daz

Hiya Sam,

Yes i think you do, as far as i am aware anyway. It depends if you have contact i think.

My hubby and ex have been split for 9 years (never married) and we see his children regular (every week), but the relationship between my hubby and his ex is very strained. (not something we ever wanted!) but she is an evil *****, and will not allow him to be happy in any way.

I could tell you a few stories, but i'd be here all week.

I hope your situation is better than our!

Take care
Melissa

68MEVY

Hi Melissa.
My hubby has a child from previous not migating who DID NOT have med done. We have our visas and fly out in 3 weeks. It can be got around.

Sending you a PM

Marie

Sam

Oh yes been there and got the t-shirt as they say,

Our contact stopped when our youngest was 3 weeks old, that was almost 9 years ago, they legally adopted him about 2/3 years ago, hubby had to sign papers for court etc, so his 'new dad' is offically his 'dad' if that makes sense (adoption papers were issued changing name etc like a birth cert) on the plus side they never married (phew, she caused enough trouble as it was)

Things do get better eventually, hang on in there

Sam

Mel n Daz

Wow Sam and Marie,

Now you have me in tears! Total relief! Me and Daz have been in such a foul mood all day thinking she (the witch) could stop us living our dream.

I cannot thank you both enough

Gonna try and send both some Karma, never done it before so watch out!

melissa

debbiemc

hi marie,

how you doing? how come your hubby's child didn't have one done?

my hubby has a daughter not coming and we've been told , med is a must for her!

Sam

There's always a light at the end of the tunnel Melissa, you just need to take the right turning!!

Karma straight back at you love!!!!! feel you need it

Sam

68MEVY

Hey there Debbie.

I'll PM you the details on Steve's kid.

Marie

Mel n Daz

Thanks all again for your help.

We feel so much better!

Melissa

Bradley7

I don't quite understand this as I'm not yet at Meds stage, but I have 2 daughters not coming with us why would they need to have meds? Their Mum would never allow them to leave her! So why would they need meds. I suppose one day I may be able to talk them round but that would be some way into the future, possibly after I'd got them over on holiday!

andrew63

Am in the exact same position and my agent is setting up the defence of "unreasonable request" as we speak.

Andrew

Mel n Daz

Thank you for your reply Andrew. I do hope it is plain sailing for you!

Bradley 7 - I realy don't understand why they do have to have meds done if they are not coming with you, maybe if they decide to come in the future? Who know's. Our situation is looking clearer now thanks to Sam and Maria!

Melis

andrew63

The reason children who are not coming to Australia to have medicals is, as far as I can gather, that once you are a resident, the children can quite easily obtain a visa through you, (should they want to and the ex agrees etc). Therefore, at this stage DIMA wants to assure themselves that there is no serious medical issues with the children that may lead them to become a financial burden on the State should they eventually come here.
So, to counteract the fact that your ex will not allow the children to have medicals, you should consider an affadavit to state that you have no intention of sponsoring the children in at a later date (of course you may not want to do this because if the ex had a fatal accident etc). Also, an affadavit to prove that expecting your ex to allow the children to have medicals is "unreasonable". Supporting affadavits from other professionals that know of the ex's unreasonableness are useful. And, if possible, a report from the GP to say the child is normal anyway won't go amiss!
I am in the middle of doing all of that.

Andrew

JAJ

There is a good reason for this.

Child migration visas have a health waiver available. Skilled migration visas do not.

So if this rule didn't exist, people who had children with health problems would exclude them from their migration application, and then lodge a child visa application after arriving in Australia. Any natural child (except those adopted away) aged under 18 can be sponsored to migrate without you needing to prove financial support.

DIMIA will waive the requirement if it's 'unreasonable' for non-migrating children to do medicals. What's 'unreasonable'? Well, if you have no custody or access rights, and can demonstrate this, that's a significant step on the way to showing it.

Each case in this area is different and is looked at on its merits. The bottom line however, is that it's easier to get the children to do medicals. If you have access rights, then I'd think you can normally take them for a medical at that point.

Jeremy