Granger

Hi, I had a thread posted recently about my husbands ex-wife refusing their son to have the medical. So some people commented on getting a Statutory Declaration signed by the ex therefore refusing the medical. But no-one said whether Dimia will accept this. Would they still give us our visas, even though she refused? Anybody else it has happened to and got their visas, I would be glad to hear from you?

JAJ

You need to convince DIMIA it's 'unreasonable' for the child to do medicals. There is no hard and fast rule on how this works in specific cases - because every one is different.

You should be seeking professional assistance with this.

Jeremy

Granger

Thanks JAJ for your info. As you seem to have some knowledge of the situation, I will ask your opinion on something else if that is ok. My partner and I have applied for 136 MODL and I am the main applicant. We are in a de-facto relationship, therefore his son is not lawfully my step-son. Do you think Dimia will actually require a medical for his son given these circumstances?

saraliz

I would think that he would still require a medical. He may not lawfully be your step-son, but he is still your husband's (who will be getting a PR visa) son.

Granger

That is the whole point, IAM NOT MARRIED. We have applied under De-Facto which means living together. Therefore, I am not resposible to his dependant son if anything happenend to my partner!!!

saraliz

(Sorry, meant to say partner not husband in my previous post!).

If something happened to the child's mother, then your partner would presumably be responsible for his son (which would imply that the son would then come to Australia). Hence DIMIA want to see a medical for him. If the ex-wife is refusing, then as Jeremy suggested it would probably be wise to get an agent involved, who can help with the 'unreasonable' factor.

Granger

Thanks for your info,I think I am just grasping onto that to make it easer.

JAJ

That's correct. Or the son might get to 15 or 16 and decide he wants to live in Australia, and at that age his mother might not be able or willing to stop him..

Jeremy

yvsie

a friend of mine...user on here actually..was worried about the self same thing..
hubby previous marriage with 2 children ages approx 14 and 12 at the time. ex wife refused to let them have medicals...and wouldnt even sign a stat dec saying that she wouldnt...
so our friends did a stat dec stating that she wouldnt do a stat dec or let the kids have meds either....hope that makes sense!

they got their visa!

shecha

Hi Granger,

We have recently gone through all this and my hubby's ex originally wouldn't arrange the medical or sign a stat dec.
We were then advised by the Australian High Commission that my hubby would have to access his daughters medical records to be able to clarify whether his daughter had any medical probs etc that would have leak to a failed medical.
We wrote to the GP and they originally refused due to 'Data Protection' but we wrote a stinking letter back highlighting my husbands rights and then they wrote back with a grovelling apology. (You have rights to access your childs medical records - without the consent of the childs other parent - as long as the other parent has not been awarded sole custody of the child. If sole custody was never awarded, then both parents have joint parental responsibility and can independently access the medical records).
My hubby intended pursuing accessing the medical records, but then the ex gave in and agreed to do the medical, so we were then ok.
Whoever is assessing your visa may suggest you do the same as this if your hubby's ex refuses to arrange the medical or sign a stat declaration.
If your hubby has contact with his child, you could arrange the medical yourself and the ex wouldn't ven have to find out. Is that an option??
Shell