Non Migratory Dependents
#76
visa holder
Joined: Jan 2006
Location: Thornlands, Bayside
Posts: 1,964
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.
#77
been here b4
Joined: Jan 2007
Location: Perth W.A. With condo in Angeles city
Posts: 112
Re: Non Migratory Dependents
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?
If you have no custody/access rights, then why not just send proof of that to DIAC?
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
#78
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.
#79
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.
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
#80
been here b4
Joined: Jan 2007
Location: Perth W.A. With condo in Angeles city
Posts: 112
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!!!!!!!!!!!
#81
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,843
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.
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.
#82
Forum Regular
Joined: Aug 2006
Location: Adelaide, South Australia
Posts: 97
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
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
#83
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
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
Jo
#84
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
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
EVERYONE IN THIS FORUM...PLEASE KEEP US ALL UP TO DATE
THANK YOU ,,,,,,,,,,,SPARKIEDOO,,,,,,,,,,
FATHERS FOR JUSTICE:curse:
#85
Re: Non Migratory Dependents
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.
#86
Just Joined
Joined: Mar 2007
Posts: 11
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.
#87
Forum Regular
Thread Starter
Joined: Feb 2007
Location: Warnbro, Perth, WA
Posts: 49
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
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
#90
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
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
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.