What to do?
 

Got a bit of a problem. Have our PR visa's and are going to Perth as soon as we sell the house. The problem is my ex husband. He gave me permission to take the kids to Aus and was pleased when we recieved the visa's in Feb. He's now called and said he does'nt want me to take them and is taking legal advise. Can he really stop me from taking them now at this late stage. Any advice welcome, Thanks

Jules

Re: What to do?
 

As far as DIMIA are concerned your visas are granted (although they could theoretically be cancelled at a late stage).

That does not override custodial rights, as people with Australian citizen children have found. No-one on this forum can tell you what rights your ex husband does or does not have at this stage - you need to hire a good solicitor dealing in family law for some professional advice.


Also remember that if you do not validate your visas, DIMIA will likely cancel them. You need professional assistance from a migration agent if this looks like being a problem. Do that before the visas approach first entry date as there will be no scope for any flexibility once they are cancelled.

A general note to anyone else in a similar position - it's best to migrate asap once visas are granted before the other partner gets cold feet.

Jeremy

Re: What to do?
 

Forget waiting for the house to sell, get on a plane now, you can sell the house from here, without needing to go back.

As JAJ says "it's best to migrate asap once visas are granted before the other partner gets cold feet"

Re: What to do?
 

Not always this easy though. Especially if you need to use money from the house sale for flights, initial accomodation, etc... and if you can find the money to do these then don't forget that you'll also be paying 2 mortgages (or a mortgage and rent) until the property is sold.

Re: What to do?
 

Take it out of the equity of the house ;)

Go see mortgage lenders as they may have a scheme to suit.

BTW: I'm not necessarily sanctioning anything here, just giving advice. I'll leave the morality of it to those involved.

Re: What to do?
 

thank you for your comments. Can't really afford to go till house sold, have until December to validate visa's. I know if it all went to court would probably be able to take them, but my ex husband has a way of making me feel incredibly guilty. The children really want to go though and have told their Dad that

Jules