Non Migratory Dependents

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Old Mar 15th 2007, 7:20 pm
  #76  
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Default Re: Non Migratory Dependents

We have him at weekends but dont think the doctors work weekends. We would also need to take his passport which she has got. Mark wont take him for medicals without her saying he can, she would cause so much grief and stop him from seeing him again.. Like she normally does if something doesnt go her way.
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Old Mar 15th 2007, 7:27 pm
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Default Re: Non Migratory Dependents

Originally Posted by JAJ
If you have custody/access you are normally expected to take the child for a medical while you have access to the child. I cannot see how you would need other partner's permission for that - a residence order does not quash parental rights. Talk to a family law solicitor ...

If you have no custody/access rights, then why not just send proof of that to DIAC?
with respect its not a matter of the other parents permission so much its the obsticals she will through in the way, eg cant find passport (ive had that one) access on weekends is no good for the Dr's in the UK and most dads have access at a weekend. taking the step of getting court orders is very very slow and will only cause the ex to dig her feet in more (i think thats the same for most people here).
most of these ex's are never going to be out friends and most will go out of their way to cause us more problems

Tony

p.s. still not heard anything , is that good or bad i as my self
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Old Mar 15th 2007, 7:57 pm
  #78  
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Default Re: Non Migratory Dependents

Originally Posted by mark 'n' joe
We have him at weekends but dont think the doctors work weekends. We would also need to take his passport which she has got. Mark wont take him for medicals without her saying he can, she would cause so much grief and stop him from seeing him again.. Like she normally does if something doesnt go her way.
I didn't think you needed to take a passport for the child if there not traviling with you, just another form of id i.e birth cert, have you rang the doc to confirm. ours was great, we used dr ormrod in Preston.
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Old Mar 16th 2007, 9:39 pm
  #79  
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Default Re: Non Migratory Dependents

Originally Posted by mark 'n' joe
We have him at weekends but dont think the doctors work weekends. We would also need to take his passport which she has got. Mark wont take him for medicals without her saying he can, she would cause so much grief and stop him from seeing him again.. Like she normally does if something doesnt go her way.
The one in Birmingham does saturdays as that when we had ours done. Cant remember where it was though.

I think the reason they are requested to have meds is
1) what happens if your x dies and the kids have to come to Oz to live.
2) to stop people moving then bringing over their sick children to be treated here and
3)other reasons along those lines where people have been underhanded.

How about telling a porkie to the x and telling her that your company has brought in private medical insurance which will cover the kids but you all need to have a medical first to be included on the policy.

Jo
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Old Mar 16th 2007, 10:06 pm
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Default Re: Non Migratory Dependents

to risk telling the ex anything is a gamble at the best of times, they are all very untrusting. it dose seem a situation that has and will come up more and more now adays and the Oz goverment are (and i understand why) being very slow to put in place a system to deal with it. still they have their reasons and it makes life a little more interesting for us ey!!!!!!!!!!!
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Old Mar 16th 2007, 10:54 pm
  #81  
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Default Re: Non Migratory Dependents

Just to interject with a couple of points - firstly, this is not a new problem, JAJ has clearly stated the reasons why medicals are requested, and you get a better explanation than that. If you search the forum you will find that this question comes up frequently and there are many posters on the boards who have overcome various custody problems - Katsmajics other half !!! is one that comes to mind.
if you read some of their experiences it should give you all a more positive outlook DIAc are not trying to stop you migrating, they are just taking care of the loopholes.

Lastly....I can appreciate that feelings between you and your ex, however he/she may be, are probably not "friendly" to say the least, but please, before you use some of the abuse that has crept into the thread, stop and think. The ex-spouse knows you want to emigrate, and the ex-spouse may well be surfing the net for info on the subject, as may the children. While you may not care what the ex-spouse thinks of your posts, the children may be upset by some of it - some mentioned are 18-19 and quite able to find the thread, and to identify their posting parent.
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Old Mar 17th 2007, 6:49 am
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Default Re: Non Migratory Dependents

Hey Folks,

Me again.
Latest was the C/O said we should get the ex to do a stat dec, stating that she will not allow B to have a medical or xray.
We THOUGHT this should be easy.

We wrote a letter to her, and handed it to her last night, asking her to write a letter explaining why she will not allow B to have a medical, and get this letter witnessed. We even gave her a list of the people who can witness it, or we could bring someone round to witness it, as we know people who could do it.

When we took B home tonight (he had to be at home for mother's day) we asked if she had done the stat dec. She replied by telling my hubby to stop harassing her, and that she will not sign anything, so leave her alone. Apparently her solicitor has told her not to sign anything.
We also asked if she will call our C/O and tell him, if she is not prepared to sign anything. To which, she replied by hanging up on Hubby

So we're back to square 1 again. Will have to get in touch with C/O on monday, and ask what our options are.

I cannot believe she may be affecting our visa application. She is only doing it because she knows it will affect our visa!

Sorry to rant - will keep you all updated next week.

Tracey
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Old Mar 17th 2007, 8:46 am
  #83  
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Default Re: Non Migratory Dependents

Originally Posted by Tracemul7
Hey Folks,

Me again.
Latest was the C/O said we should get the ex to do a stat dec, stating that she will not allow B to have a medical or xray.
We THOUGHT this should be easy.

We wrote a letter to her, and handed it to her last night, asking her to write a letter explaining why she will not allow B to have a medical, and get this letter witnessed. We even gave her a list of the people who can witness it, or we could bring someone round to witness it, as we know people who could do it.

When we took B home tonight (he had to be at home for mother's day) we asked if she had done the stat dec. She replied by telling my hubby to stop harassing her, and that she will not sign anything, so leave her alone. Apparently her solicitor has told her not to sign anything.
We also asked if she will call our C/O and tell him, if she is not prepared to sign anything. To which, she replied by hanging up on Hubby

So we're back to square 1 again. Will have to get in touch with C/O on monday, and ask what our options are.

I cannot believe she may be affecting our visa application. She is only doing it because she knows it will affect our visa!

Sorry to rant - will keep you all updated next week.

Tracey
Why dont you ask her solicitor to look over the paperwork and recommend that she signs it. Produce supporting evidence of the need for him to have a medical or stat dec and also a copy of your visa applicaton which states that dependant childern whether included or not need to have meds done and if that fails tell her it will not stop you going just makes it a little harder and does she not want to get rid of you to the other side of the world and leave her in peace. If that fails tell her that when you get there she can forget any extra money for this and that assuming you pay it as you dont need to pay diddly squat to a pain in the ass and you will bank your child support for the child when it reaches 18 and give it straight to them.

Jo
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Old Mar 17th 2007, 9:08 am
  #84  
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Default Re: Non Migratory Dependents

Originally Posted by Tracemul7
Hey Folks,

Me again.
Latest was the C/O said we should get the ex to do a stat dec, stating that she will not allow B to have a medical or xray.
We THOUGHT this should be easy.

We wrote a letter to her, and handed it to her last night, asking her to write a letter explaining why she will not allow B to have a medical, and get this letter witnessed. We even gave her a list of the people who can witness it, or we could bring someone round to witness it, as we know people who could do it.

When we took B home tonight (he had to be at home for mother's day) we asked if she had done the stat dec. She replied by telling my hubby to stop harassing her, and that she will not sign anything, so leave her alone. Apparently her solicitor has told her not to sign anything.
We also asked if she will call our C/O and tell him, if she is not prepared to sign anything. To which, she replied by hanging up on Hubby

So we're back to square 1 again. Will have to get in touch with C/O on monday, and ask what our options are.

I cannot believe she may be affecting our visa application. She is only doing it because she knows it will affect our visa!

Sorry to rant - will keep you all updated next week.

Tracey
SORRY TO HERE UR BAD NEWS.......IAM STILL TRYING TO GET MY STAT DEC SORTED OUT ........

EVERYONE IN THIS FORUM...PLEASE KEEP US ALL UP TO DATE

THANK YOU ,,,,,,,,,,,SPARKIEDOO,,,,,,,,,,

FATHERS FOR JUSTICE:curse:
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Old Mar 17th 2007, 9:16 am
  #85  
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Default Re: Non Migratory Dependents

Originally Posted by Tracemul7
So we're back to square 1 again. Will have to get in touch with C/O on monday, and ask what our options are.

I cannot believe she may be affecting our visa application. She is only doing it because she knows it will affect our visa!
I really don't understand why people are making this so complicated.

Firstly, there is a distinction between those who cannot get medicals for non-migrating children and those who don't want to.

Secondly, they do assume (quite reasonably) that if you are a natural parent of the child, that you have parental rights which includes the right to take child to a medical.

If this is not the case send evidence demonstrating this. For example, if there are no custody/access rights, send a copy of the court order saying this.

If access is only given at weekends and medical providers are closed at that time, once again send copy of court order or similar legal agreement specifying such details, plus evidence that medical providers are not available.

As for child's passport, there is no reason why a non-migrating child would have a passport in the first place. Not everyone has a passport. So if medical providers won't accept child for medical without passport => get letter from them in writing confirming that and send to case officer.

If parental rights are removed from non-custodial parent by the law of the jurisdiction you live in, or were never acquired in the first place (eg some unmarried fathers), once again - send evidence of this.

If you do have regular contact/access with your child then you are normally expected to take child for a medical. Of course that does mean explaining to child what you are planning to do and why. The moral questions inherent in this are of course down to the individual.

Last edited by JAJ; Mar 17th 2007 at 9:24 am.
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Old Mar 17th 2007, 9:27 am
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Default Re: Non Migratory Dependents

What happens then if the kids themselves refuse the medicals? my kids have found out i'm applying and my 10 year old daughter says there is no way she will have the medical.
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Old Mar 17th 2007, 10:29 am
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Default Re: Non Migratory Dependents

Hello all

Firstly let me express sorrow that Jo is in this situation. Mine will be exactly the same when the moment comes.

Secondly a comment for JAJ, yes I know you're a moderator, and believe it or not, I don't have any issues with the theory behind what you say, but to say we're just making things complicated, your out of order mate.
We are all dealing with people that want to punish us and have no regard for what might make us happy.

I have a court order saying I have access to my kids, but it hasn't stopped the ex deciding on a whim, that I cant see them on certain weekends, neither has it stopped her poisoning my son against me to the point that I haven't heard from him for ages. How do I get around that one, ask her to sign a witnessed declaration to the effect that she concurs my son doesn't want to see me, or that she is going against the court order for reason a/b/c/d etc.
Or do I do what I have had to do in the past, go back to court for another court order, cost myself a fortune (and her nothing : legal aid is great isnt it??) so she can laugh at how much money its costing me and then break it again?

Real life doesnt follow procedure JAJ, the word of the law doesnt stand up in every situation. What happens is ex partners suddenly get the one chance to really kick you in the testimonials, and they take that chance with relish.

We're all struggling to progress to a better life and it doesnt help when people say you're just making things complicated!

Mort
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Old Mar 17th 2007, 10:31 am
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Default Re: Non Migratory Dependents

Well said Mort.....
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Old Mar 17th 2007, 10:35 am
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Default Re: Non Migratory Dependents

Originally Posted by craig319
Well said Mort.....
HERE HERE.....
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Old Mar 17th 2007, 12:01 pm
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Default Re: Non Migratory Dependents

Originally Posted by Mort
Hello all

Firstly let me express sorrow that Jo is in this situation. Mine will be exactly the same when the moment comes.

Secondly a comment for JAJ, yes I know you're a moderator, and believe it or not, I don't have any issues with the theory behind what you say, but to say we're just making things complicated, your out of order mate.
We are all dealing with people that want to punish us and have no regard for what might make us happy.

I have a court order saying I have access to my kids, but it hasn't stopped the ex deciding on a whim, that I cant see them on certain weekends, neither has it stopped her poisoning my son against me to the point that I haven't heard from him for ages. How do I get around that one, ask her to sign a witnessed declaration to the effect that she concurs my son doesn't want to see me, or that she is going against the court order for reason a/b/c/d etc.
Or do I do what I have had to do in the past, go back to court for another court order, cost myself a fortune (and her nothing : legal aid is great isnt it??) so she can laugh at how much money its costing me and then break it again?

Real life doesnt follow procedure JAJ, the word of the law doesnt stand up in every situation. What happens is ex partners suddenly get the one chance to really kick you in the testimonials, and they take that chance with relish.

We're all struggling to progress to a better life and it doesnt help when people say you're just making things complicated!

Mort
Now I think you are being unfair, JAJ is setting out in black and white for you and sometimes we do complicate things for ourselves. Yes I know from family experience that x's are a right royal pain in the arse but you can make this part easier. Stat declaration from yourselves or get a solicitor to write to her or her solicitor asking for a letter or lie. If you are worried about visitation being withdrawn, how are you going to see them when the otherside of the world when you move. Do a search many people have been there and got through with very little fuss and if you read JAJ post you will see some very simple soloutions set out with no cost involved.

Oh and quite a few do open on Saturdays for these meds, it just might mean ringing around and travelling. Once you have done it what is she going to say to it....

Jo

Last edited by joho; Mar 17th 2007 at 1:00 pm.
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