British Expats - step kids

Quote:

Originally Posted by andrew63

Jeremy
I agree
We have done this one to death before.
The solicitor at AHC said that when the agreement to remove my child from the UK was done, it was known that I was headed to the Republic of Ireland to which we had to agree as that was my address at that time. His point was that if my ex knew at that time I was considering Auistralia, she may not have agreed as Ireland is easy enough to visit and not far etc. My agent and solicitor and reluctantly myself all agreed he had a point but technically we did have the correct paperwork as requested by the visa applicatrion forms. His point was that should he grant my visa and my ex complains I may have to fight the case from Australia etc and that he would not have done his job properly by not clarifying this issue in the first place.
That particular employee, a specialist solicitor (so he said), not my case officer at AHC, is no longer employed by them.
It was only a 3yr 457

A court order permitting permanent removal from a child from the court's jurisdiction is sufficient under DIMIA policy.

DIMIA policy does not insist it has to say 'Australia' and it's not usually the role of DIMIA officers to try to 'look behind' the motives for any court order or written agreement that contains such a clause. The parent's rights under local law are the key issue - it is however complex and every case is different.

One potential concern that does arise is that sometimes they may seek to ensure that a court order from some years previously has not subsequently been replaced by a newer one.

Sometimes an issue like this can be escalated to someone more senior in the DIMIA Family Section in Canberra.

Jeremy