68MEVY

my husband has child from previous marriage that is not migrating. contact was lost 5 years ago and there has been no contact with his daughter since, recently by chance a friend of ours bumped in to my husbands ex wife and explained our situation and got her phone number for us. we have spoke to her but she says she doesnt want her daughter having the medical and as my husband hasn't seen his daughter for so long we can't take her ourselves. the ex wife still hasn't allowed us to see his daughter, we don't know where she lives and she won't answer her phone to us. Any ideas as to what we should do would be greatly appreciated. have searched other threads and haven't found anyone else in this situation.

madsad

I hope you are going through the process with a migration agent? as it can very easily become complicated & you need proper advice.
There have been quite a few threads on the subject,(im sure i have atleast two or three of them!!)but everybodys situation is different & reading about other people experiences can help but seems to confuse things even more sometimes!

Donna.

Ushas

Basically you have to provide stat decs stating that you have requested the mother to allow the child to have a medical and she refused. You must prove that you have done everything possible to get the child's medical done. The mother could provide a stat dec stating that she refuses the child to have a medical.
Just remember... DIMIA deal with cases like this on a fairly regular basis. You are not alone and it is a solvable issue. Perhaps if you could get a message to the mother along these lines she'd be happy to oblige. Especially if (like my husband's ex) she is keen to see you out of the country and out of her child's life.
Get some expert advice on the specifics of the stat decs though. Fortunately in our case, the ex is so keen to get rid of us that she didn't stand in the way of the medical.
I have my fingers crossed for you. It's a tough time and is only made worse by the selfishness of people like this.

Ush

badri

I agree with Donna on this. Please talk to some good agents and don't panic it will be fine. The agents can provide you some good advice on how to do the things

Cheers
Badri

68MEVY

I haven't been using a migration agent because up until now I didn't think I'd need one, may have to reconsider this now though.
There is no way my husbands ex wife is going to communicate with us-she hates me because I'm married to her ex husband and she hates him for getting married again-they got divorced in 97 and she has since been married and divorced again, double standards or what, I can't stand her and I haven't even met her!!! I think we are just going to have to try phoning her from somebody elses phone and hope she answers and talks to us as she is currently ignoring our calls, and numerous texts. Failing that I'll just have to get a solicitor involved. My husband has joint parental responsibility as he is named on the birth cert, hopefully this will be enough to get her to court. Can anyone recommend an agent just incase??

Ushas

Good luck!

Ush

madsad

Do a search for migration agents,quite a few are used/named on here!
We are using Oe Visas & our agent has given us great advice concerning our situation,but were not quite through the visa process(final stages) yet though,so its still worrying me a tad!
Most migration agents also give a 1st assessment free,so you can talk through your situation & find out whats involved.
Good luck
Donna.

gedngill

Hi 68MEVY

just read your posting and will be in same position , only thankfully my ex and i are both remarried and get on....ish but still can't understand why my daughter who is very settled and happy with stepdad (thank goodness) needs to have a medical as she'll be staying with her mother and not trvelling with us, in some circumstances it cause some un-needed friction between ex'es which is the last thing you need on top already stressfull immi process.

best of luck and don't let the EX-FACTOR get u down.

68MEVY

Finally got hold of ex-wife. She is refusing to let daughter have medical. She is also refusing to sign anything resembling the truth-would however sign a pack of lies that would make my husband out to be the worst person in the world, which we obviously don't want to do. She won't sign anything to say if anything happens to her the daughter involved will then be cared for by us-legally as my husband is named on the birth cert he would get custody, but she won't allow this, she would want the daughter to go to her mother-which we don't want. She won't sign a stat dec to say she is refusing the daughters medical as that makes her out to be the bad person. Apparently if she doesn't change her mind she will be coming to out house on Monday so any help before then would be much appreciated

dottyspots

I suggest that your husband contacts a solicitor. If your husband has been refused access through the courts and has no parental responsibility, then I'm guessing his ex-wife has the right to refuse any contact.

However, if your husband has parental responsibility and has been granted access, then what she is doing is illegal.

Either way, it sounds like you may need to get a solicitor involved, even if it means things being done through the solicitor and the medicals being sent privately, without your husband being able to access them, I'm sure that it can be done.

There are some fantastic migration agents on here, George Lombard and Go Matilda (Alan Collett, I think, no doubt someone will correct me if I'm wrong) have been highly recommended in past posts. A good migration agent will probably prove invaluable in this instance.

On the bright side - atleast you have a contact number for the woman......

68MEVY

If we get a solicitor involved and can get medical done without my husband seeing them that is fine with us.
Do we need ex wife to sign anything concerning custody, for example if ex wife dies? and will my husbands name on the daughters birth cert suffice as proof of parental responsibility??

dottyspots

I think you really need to speak to a solicitor who specialises in family law - and a good migration agent.

JAJ

Under Australian migration law, any natural child under 18 (and not engaged, married or in a de-facto relationship) is automatically 'dependent' even if there is no financial support provided.

This means it's normally easy to sponsor children under 18 for migration, provided the parental consent issues are addressed.

However there is scope for waiver of the health requirements for child visas, while there is not on a skilled visa.

From DIMIA's point of view, there is a concern that people applying for a skilled visa who have a child with a health problem would exclude the child from their application form and then immediately lodge a child visa application once in Australia.

Hence they require that either you get *all* your natural children, even those not migrating, to do a medical, or you provide them with some pretty good reasons why this is not possible. And this evidence you provide would remain on file and would be the first thing they would look at if you later tried to sponsor that child for migration.

To the original poster - get professional advice. These cases are not simple to resolve.

Jeremy