Hi,
Could anyone tell me what parts of the statutory rules are applicable to custody requirements in relation to an ENS visa
Thanks

What exactly do you mean by custody requirements? Are you talking about the removal of children from one country to another? If so, it's not the Migration Regulations you need to be reading, but the Hague Convention.

Hi BM,

I think you mean schedule 4, clauses 4015-4018. You'll find these referred to in the relevant Schedule 2 provisions for subclass 121 or 856, whichever applies to you. You would need to read the PAMS, however, to see what standards DIMA applies.

Cheers,

George Lombard

www.austimmigration.com.au

Hello George,
Do you know where I would be able to get a copy of the PAMS free, or have you got to subscribe to legendcom.

Thanks

Hi BM,

Costs about $1500 :-( Better to talk to an agent - probably a false economy to think that you can interpret it better than someone with experience of the issues. If desperate to avoid paying, you can contact one of the free advice services - call IARC in Sydney on 02-92811609 for example - since they're generally pretty good on questions related to family.

Cheers,

George Lombard

www.austimmigration.com.au

[QUOTE=brisbymob]Hello George,
Do you know where I would be able to get a copy of the PAMS free, or have you got to subscribe to legendcom.

Thanks[/QUOTE

If you find a copy of PAM, free or other, don't forget to refer to the MSIs and so on and bear in mind that there are 'internal DIMA policies' that never find their way into PAM, and there a different rules applying to to removal of minors from from different jurisdictions.

The welfare of the child being paramount; except when the minister decides to imprison them for a few year to attract a few votes. Even if you can satisfy the 'technical requirements' can you put it beyond dispute that what you propose is in the child's best interests?

Even if you know what you are doing, and you obviously do not, if you represent yourself you will have a fool for a client.

All the best

Westly Russell
RMA 0316072
www.pinoyau.com

In fact it's the other way around. The Minister can refuse the visa if there is a compelling reason *not* to grant it on "best interests" grounds.

However the three technical criteria are:

- law of home country; or
- consent of all those with parental responsibility; or
- an Australian court order

There is no particular onus on the applicant under the Regulations to prove the child's "best interests". Usually this is assumed if one of the three criteria above are met.

You are too smart for your own good and you are wrong.

Thank you for your advice ,

I was aware of the regulations mentioned just wanted to check there was nothing else applicable.

However , good news today the case officer has accepted my court orders
and is ready to finalise my case .
Not bad for a fool eh.

If you are going to find fault with another poster would you please be so kind as to provide the inforamtion on which you base this. I am certainly at a loss to see where Jeremy is wrong?

There is a clear difference between the majority of your postings, and those of other agents that use this site - they provide comprehensive and useful migration information. You seem more concerned with sniping at them and making smart comments, and I suggest you cease this immediately as you are bringing your profession into disrepute.

Congrats! Good news for you indeed

I agree, I was getting annoyed at the comments myself. After seeing your posts I would not even consider using you as an agent. Keep it up and I'm sure you'll just be sending more business towards the always nice and helpful George and Allan.