Non Migratory Dependents
Mar 7th 2007, 6:32 pm
#16
Forum Regular
Joined: Feb 2007
Location: FIFE SCOTLAND
Posts: 71
Re: Non Migratory Dependents
Hello all those having the same trouble with ex's. I have spoken to Australia House and they said I had 4 choices.
1. Do the medicals for the kids
2. Go to court and relinquish all parental responsibility
3. Have the kids adopted by ex's new partner/husband etc
4. Try my best to get the ex to give permission for the medicals, and if still no joy, then be able to prove you tried, by way of written proof/emails exchanged etc, and put this in a cover letter to go along with your application bits and pieces, then hope for the best.
Thats all I could get out of them. I hope it helps. Good luck to everyone.
Craig
1. Do the medicals for the kids
2. Go to court and relinquish all parental responsibility
3. Have the kids adopted by ex's new partner/husband etc
4. Try my best to get the ex to give permission for the medicals, and if still no joy, then be able to prove you tried, by way of written proof/emails exchanged etc, and put this in a cover letter to go along with your application bits and pieces, then hope for the best.
Thats all I could get out of them. I hope it helps. Good luck to everyone.
Craig
OR U COULD BURN YOUR WITCH......IT WORKS ...FOR ME!
Mar 7th 2007, 7:06 pm
#17
Just Joined
Joined: Mar 2007
Posts: 11
Re: Non Migratory Dependents
Will probably have to go with the stat dec. No way the witch will let me do the medicals for the kids. Hard enough to get them for an extra few hours, and during the week too will be impossible. Doc's not open on weekends!!! If they was then no problems.
Mar 7th 2007, 9:27 pm
#18
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Thread Starter
Joined: Feb 2007
Location: Warnbro, Perth, WA
Posts: 49
Re: Non Migratory Dependents
Hi Craig
Thanks for your info, 4 options are a bit clinical aren't they! No way I'd accept someone else adopting, so stat dec going to be the way forward, with whatever hassle that brings to the process.
Anyway good luck in what you do, let me know how hard the stat dec route gets if you wouldn't mind?
Sparkie, You wanna go halfs on a box of swan vesta's and some fire lighters
?
Mort
Thanks for your info, 4 options are a bit clinical aren't they! No way I'd accept someone else adopting, so stat dec going to be the way forward, with whatever hassle that brings to the process.
Anyway good luck in what you do, let me know how hard the stat dec route gets if you wouldn't mind?
Sparkie, You wanna go halfs on a box of swan vesta's and some fire lighters
?Mort
Mar 7th 2007, 9:55 pm
#19
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Joined: Feb 2007
Location: Essex - Now on the Sunshine Coast
Posts: 212
Re: Non Migratory Dependents
hi you've probly thought of this but if you have contact in school hols, take them for a medical then. Easter hols coming up
Mar 8th 2007, 5:20 am
#20
Just Joined
Joined: Mar 2007
Posts: 11
Re: Non Migratory Dependents
Hey Katehn,
Yea thought of that, but that would mean the witch letting me have the kids for "extra time" and I'd be dreaming if that happened. She probably has the whole of the easter hols planned out already, so they wont possibly have time to see me!!
Hey Mort, can I join that burning party?
Craig
Yea thought of that, but that would mean the witch letting me have the kids for "extra time" and I'd be dreaming if that happened. She probably has the whole of the easter hols planned out already, so they wont possibly have time to see me!!
Hey Mort, can I join that burning party?
Craig
Mar 8th 2007, 6:03 am
#21
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Thread Starter
Joined: Feb 2007
Location: Warnbro, Perth, WA
Posts: 49
Re: Non Migratory Dependents
No probs mate
"I'm a firestarter, twisted firestarter................"
Good point about the hols though Kate, just gotta persuade the ex OH to relinquish the stranglehold!
"I'm a firestarter, twisted firestarter................"
Good point about the hols though Kate, just gotta persuade the ex OH to relinquish the stranglehold!
Mar 9th 2007, 9:02 am
#22
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Location: Life is like a box of chocolates......you never know what you're gonna get!! (Fforest Gump!)
Posts: 231
Re: Non Migratory Dependents
Hi Mort here
I have two kids from a previous marriage. son is 16 in August this year, daughter is 12 in July this year.
Ex wife is the type that would have been chucked in a lake in Salem to see if she floated, she refuses to talk to me and has managed to poison my son against me, to the point that I haven't seen him for a year and half, though I still see my daughter every couple of weeks.
Me and OH in early stages of visa application and have a few more peculiarities which need ironing out but I have a question over the need for medicals on the kids.
Neither will be migrating with us, their mother would not allow it, so do I need to have medicals done for them both, or do i have to simply enter their details on the application form (136 visa) as dependent children who aren't included on the application for migration.
If I have to have medicals for my son then I may as well cancel any plans for Australia now, as there is no way he or his mother would agree to having them done. In fact if they knew how important the medicals are for us to secure a better life then the ex wife would ensure that she was as obstructive as possible.
Has anyone been in a similar position, is there a way around it? can I sign away any future rights for sponsorship of my son.
Any help/comments greatly appreciated.
Mort
I have two kids from a previous marriage. son is 16 in August this year, daughter is 12 in July this year.
Ex wife is the type that would have been chucked in a lake in Salem to see if she floated, she refuses to talk to me and has managed to poison my son against me, to the point that I haven't seen him for a year and half, though I still see my daughter every couple of weeks.
Me and OH in early stages of visa application and have a few more peculiarities which need ironing out but I have a question over the need for medicals on the kids.
Neither will be migrating with us, their mother would not allow it, so do I need to have medicals done for them both, or do i have to simply enter their details on the application form (136 visa) as dependent children who aren't included on the application for migration.
If I have to have medicals for my son then I may as well cancel any plans for Australia now, as there is no way he or his mother would agree to having them done. In fact if they knew how important the medicals are for us to secure a better life then the ex wife would ensure that she was as obstructive as possible.
Has anyone been in a similar position, is there a way around it? can I sign away any future rights for sponsorship of my son.
Any help/comments greatly appreciated.
Mort
We have a similar problem but the son is refusing the medical and police check - not the ex-wife! (who would refuse if she could anyway!) He is eighteen in May and we have been advised to attend for our medicals etc by 30th April. He has refused as he doesn't feel the need as he isn't coming with us. We have explained that if he did change his mind then it would make the whole process easier but he is adamant. Luckily my hubbys other daughter is 21 so no medical needed there. Given the short time to his 18 birthday I have e-mailed DIAC to see what we can do as you cannot force an independant person to have a medical or police check, especially if they won't fill out the paperwork or come to the doctors with you. Will keep you posted of their reply.
Kids and Ex-wives.......!!!!!
Pam
Mar 9th 2007, 9:30 am
#23
Cambridgeshire family
Joined: Feb 2007
Location: Cambridgeshire
Posts: 73
Re: Non Migratory Dependents
Let me get this straight, even if you are not taking the kids with you and they are staying with the ex, you still have to have the meds done? if so, why?
Mar 9th 2007, 9:48 am
#24
Forum Regular
Joined: May 2004
Location: Yorkshire
Posts: 198
Re: Non Migratory Dependents
Post no. 14 above by JAJ pretty much explains why but yes meds are required whether the kids are going or not. There are cases where there has been little or no contact with them for years and meds are still required unless you can prove to DIMA that it's "unreasonable" for them to have them done.
Mar 9th 2007, 5:34 pm
#25
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Location: Warnbro, Perth, WA
Posts: 49
Re: Non Migratory Dependents
Hello Pam.
I understand the principle behind what DIAC say, I just think they should accept when you have made reasonable attempts at getting medicals done and failed.
After all, the kids we're all referring to aren't migrating and therefore if a disclaimer is signed to say you wont try for a child visa, I dont see the problem.
Then any attempts by the children to migrate have to be done on their own merit when >18yrs old, and that is that.
Maybe I think too simplistically, would never make it in a government office would I.
Like I've said before I don't see how an ex can be allowed to hold the balance of power, COME ON YE REVOLUTION!!!!!
Mort
I understand the principle behind what DIAC say, I just think they should accept when you have made reasonable attempts at getting medicals done and failed.
After all, the kids we're all referring to aren't migrating and therefore if a disclaimer is signed to say you wont try for a child visa, I dont see the problem.
Then any attempts by the children to migrate have to be done on their own merit when >18yrs old, and that is that.
Maybe I think too simplistically, would never make it in a government office would I.
Like I've said before I don't see how an ex can be allowed to hold the balance of power, COME ON YE REVOLUTION!!!!!
Mort
Mar 9th 2007, 5:38 pm
#26
Just Joined
Joined: Mar 2007
Posts: 11
Re: Non Migratory Dependents
Well said Mort......and surely it can be that simple. I agree with you totally mate. You would've thought they had something in place seeing as this seems to be a common problem.
Craig
Craig
Mar 9th 2007, 6:47 pm
#27
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Joined: Feb 2007
Location: FIFE SCOTLAND
Posts: 71
Re: Non Migratory Dependents
f**ck me its just like ...FATHER FOR JUSTICE 
KEEP UP THE FIGHT !
KEEP UP THE FIGHT !
Mar 10th 2007, 2:05 am
#28
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Joined: Mar 2007
Location: Life is like a box of chocolates......you never know what you're gonna get!! (Fforest Gump!)
Posts: 231
Re: Non Migratory Dependents
Hi Mort,
Just found a government website for Aus that has info on statutory declarations. Address is www.ag.gov.au/statdec. You can download a form and a list of people who can witness it, doesn't have to be a solicitor so that's good!
Think it should be re-named fathers and second wives for justice!!!
Pam
Just found a government website for Aus that has info on statutory declarations. Address is www.ag.gov.au/statdec. You can download a form and a list of people who can witness it, doesn't have to be a solicitor so that's good!
Think it should be re-named fathers and second wives for justice!!!
Pam
Mar 10th 2007, 2:28 am
#29
Retired
Joined: Apr 2004
Posts: 34,649
Re: Non Migratory Dependents
Hiya Mort,
We have a similar problem but the son is refusing the medical and police check - not the ex-wife! (who would refuse if she could anyway!) He is eighteen in May and we have been advised to attend for our medicals etc by 30th April. He has refused as he doesn't feel the need as he isn't coming with us. We have explained that if he did change his mind then it would make the whole process easier but he is adamant. Luckily my hubbys other daughter is 21 so no medical needed there. Given the short time to his 18 birthday I have e-mailed DIAC to see what we can do as you cannot force an independant person to have a medical or police check, especially if they won't fill out the paperwork or come to the doctors with you.
We have a similar problem but the son is refusing the medical and police check - not the ex-wife! (who would refuse if she could anyway!) He is eighteen in May and we have been advised to attend for our medicals etc by 30th April. He has refused as he doesn't feel the need as he isn't coming with us. We have explained that if he did change his mind then it would make the whole process easier but he is adamant. Luckily my hubbys other daughter is 21 so no medical needed there. Given the short time to his 18 birthday I have e-mailed DIAC to see what we can do as you cannot force an independant person to have a medical or police check, especially if they won't fill out the paperwork or come to the doctors with you.
This is assessed at time your visa is decided, not when you applied in the first place. So if you are still arguing with your case officer and he turns 18 in the meantime, it ceases to be relevant.
Mar 10th 2007, 3:19 am
#30
Canuck/Aussie
Joined: May 2006
Location: BC, Canada
Posts: 4,547
Re: Non Migratory Dependents
Something else to keep in mind for all of you. If you do manage to sneak the kids to get the medicals done then you would also need to have their passport (if I'm not mistaken). The passport may be difficult to come by, so thought you should be prepped in advance.