Non Migratory Dependents
#106
visa holder
Joined: Jan 2006
Location: Thornlands, Bayside
Posts: 1,964
Re: Non Migratory Dependents
Hiya Joe,
Its just such a nightmare!
Hubby spoke to c/o this morning and he said that we need to do a stat dec stating that we have tried to get a medical done by B's mother, and she wont allow it, nor will she sign a stat dec stating this. Get our stat dec witness by solicitor (ie legal document).
He says they would accept that! So hopefully that is ok.
I hope things work out the same for you!
Tracey
Its just such a nightmare!
Hubby spoke to c/o this morning and he said that we need to do a stat dec stating that we have tried to get a medical done by B's mother, and she wont allow it, nor will she sign a stat dec stating this. Get our stat dec witness by solicitor (ie legal document).
He says they would accept that! So hopefully that is ok.
I hope things work out the same for you!
Tracey
Joex
#107
Re: Non Migratory Dependents
If what you are saying is that your former wife has already acted in defiance of a court order, and that you've had to go to court in the past because of this, why not send this evidence to DIAC. Presumably you still have all the court papers. Plus a detailed statutory declaration outlining exactly how the situation with your ex-wife arose, and the steps you have taken to try and get a medical for the child.
That might work (or it might not). Competent professional assistance is recommended for all cases like this. However a good agent needs to do more than simply repeat what case officer says.
That might work (or it might not). Competent professional assistance is recommended for all cases like this. However a good agent needs to do more than simply repeat what case officer says.
#108
Re: Non Migratory Dependents
He is 13, attends school during the week while he lives with his mother. we see him friday night to sunday night. Medical places i have contacted are not open saturdays. In the past, we wanted to see him during the week to let him know that there had been a death in the family. Because we tried this, his mother stopped contact for almost 6 months. Do you think we are likely to try this again, and risk losing contact with him before we move?
Tracey
Tracey
#110
Forum Regular
Joined: Aug 2006
Location: Adelaide, South Australia
Posts: 97
Re: Non Migratory Dependents
He must have school holidays? Easter coming very soon so book for during hols and tell ex you have plans for that day, i.e. going to football, park, play, cinema and that would be good for him! Sorry not read through all your threads but is he aware you're going? and how does he feel about it? I'm sure if he was so desperate to get away he'd sneak out of the house for a few hours for medicals and sole custody doesn't have to be expensive and drawn out, he's 13 and is allowed a major say in who brings him up! Don't try it won't know what the outcome will be get to CAB and see where they direct you, offer very useful free service!
Yes he has school holidays, but my husband works as an IT contractor, which means all days off are unpaid. This will be bad enough losing 2days pay over easter, and we cannot afford more time out of work. I would be happy to take B for a medical, but i am not allowed near the house, because the ex goes mad! Sneaking out the house for a few hours for a medical is not feasable. Firstly, it is an hour drive to medical place in halifax. then time for medical and xray, then an hour home. also, if he sneaked out, she would ground him, stop contact and make his life misery!
Also, medicals seem to be about 4/5week wait when hubby got his done.
we have spoken to solicitor today, and even if he wants to move to oz, if his mother doesnt agree, we could be looking at october/november before a decision is reached, including a full day hearing in court! at £190 per hour (ex vat) this will be an expensive decision.
he knows our plans, and as things stand, wont be included in our application, as his mum will not allow it. if things change, then we'll deal with it then.
your suggestions are good, and with a rational being i would agree, but this ex is irrational, and could make B's life hell. not fair on him if we cause that.
Tracey
#111
Forum Regular
Joined: Aug 2006
Location: Adelaide, South Australia
Posts: 97
Re: Non Migratory Dependents
Everyone going throught a visa application has the worry of 'what if it gets refused' and while I appreciate JAJ's honesty that this route might not be accepted, I would prefer to have difinitive guidelines, rather than 'give this a go'.
Does that make sense?
As there seem to be a fair few of us in the same boat, maybe some clearer guidelines should be set. Some people may not apply, knowing they cannot meet set rules, but if they knew there are alternatives then maybe these people could still apply?
only my thoughts, Tracey
#112
Re: Non Migratory Dependents
Hi **************,
Yes he has school holidays, but my husband works as an IT contractor, which means all days off are unpaid. This will be bad enough losing 2days pay over easter, and we cannot afford more time out of work. I would be happy to take B for a medical, but i am not allowed near the house, because the ex goes mad! Sneaking out the house for a few hours for a medical is not feasable. Firstly, it is an hour drive to medical place in halifax. then time for medical and xray, then an hour home. also, if he sneaked out, she would ground him, stop contact and make his life misery!
Also, medicals seem to be about 4/5week wait when hubby got his done.
we have spoken to solicitor today, and even if he wants to move to oz, if his mother doesnt agree, we could be looking at october/november before a decision is reached, including a full day hearing in court! at £190 per hour (ex vat) this will be an expensive decision.
he knows our plans, and as things stand, wont be included in our application, as his mum will not allow it. if things change, then we'll deal with it then.
your suggestions are good, and with a rational being i would agree, but this ex is irrational, and could make B's life hell. not fair on him if we cause that.
Tracey
Yes he has school holidays, but my husband works as an IT contractor, which means all days off are unpaid. This will be bad enough losing 2days pay over easter, and we cannot afford more time out of work. I would be happy to take B for a medical, but i am not allowed near the house, because the ex goes mad! Sneaking out the house for a few hours for a medical is not feasable. Firstly, it is an hour drive to medical place in halifax. then time for medical and xray, then an hour home. also, if he sneaked out, she would ground him, stop contact and make his life misery!
Also, medicals seem to be about 4/5week wait when hubby got his done.
we have spoken to solicitor today, and even if he wants to move to oz, if his mother doesnt agree, we could be looking at october/november before a decision is reached, including a full day hearing in court! at £190 per hour (ex vat) this will be an expensive decision.
he knows our plans, and as things stand, wont be included in our application, as his mum will not allow it. if things change, then we'll deal with it then.
your suggestions are good, and with a rational being i would agree, but this ex is irrational, and could make B's life hell. not fair on him if we cause that.
Tracey
There are limits to what his mother can do to him, assuming she doesn't want to be charged with child abuse. Your solicitor can explain this to you.
If the child's mother is such an awful person, I'm having some difficulty understanding how you can in good conscience leave the child behind at such a vulnerable age and move to the other side of the world.
Or have I missed something here?
#113
Re: Non Migratory Dependents
With the greatest of respect, if this child is living with a parent whom you describe as irrational and (reading between the lines) potentially abusive, removing that child from the custody of such parent should be your top priority.
There are limits to what his mother can do to him, assuming she doesn't want to be charged with child abuse. Your solicitor can explain this to you.
If the child's mother is such an awful person, I'm having some difficulty understanding how you can in good conscience leave the child behind at such a vulnerable age and move to the other side of the world.
Or have I missed something here?
There are limits to what his mother can do to him, assuming she doesn't want to be charged with child abuse. Your solicitor can explain this to you.
If the child's mother is such an awful person, I'm having some difficulty understanding how you can in good conscience leave the child behind at such a vulnerable age and move to the other side of the world.
Or have I missed something here?
#114
been here b4
Joined: Jan 2007
Location: Perth W.A. With condo in Angeles city
Posts: 112
Re: Non Migratory Dependents
JAJ its not that your opinion on immigration isnt a big help , but you are WELL out of your depth on this one. i know what the others are talking about and only some one that has gone through this can understand the difficulties involved. would suggest you comment only on immigration not on child custody or how to handle children and ex wives.
Tony
(tried to keep calm when writing this)
Tony
(tried to keep calm when writing this)
#115
Forum Regular
Thread Starter
Joined: Feb 2007
Location: Warnbro, Perth, WA
Posts: 49
Re: Non Migratory Dependents
Hello comrades
Lets try to put things into simple english :
1) Ex partners generally look after the kids's basic needs, they're not brought up how we would like or how we would bring them up but getting custody from a mother is nigh impossible/lenghty and expensive to the point of bankruptcy.
2) Most of us are stuck in a a $hit situation and treated as enemies by those ex's.
3) Ex's, having no other way of getting to us, use the kids as a lever to make us feel crap, generally by refusing access when things don't go their way and the ex's dont realise/care they are hurting the kids by doing what they do.
4) It seems that the majority of ex's in this thread are in receipt of legal aid and therefore can choose to face the prospect of court with no regard to the cost, other than a gleeful rubbing of their hands because it's going to cost you money, again punishing you.
5) Regardless of the disagreements we've had with certain views I think we all know a lot more of how to try and get around this problem than we did when i originally posted
6) JAJ, you've answered with your views, and I have , as well as others, taken offence at those views, but I can say I'm personally grateful that you've said the things you've said because it's brought more comments and experience to the thread.
7) Saying that, your approach is that of a ten ton truck. Probably need to be a little less judgemental over peoples desire to emigrate without their kids, cos it's a horrible decision to make, most of us are praying that in the years to come they can make their own choice, but if the mother wont allow medicals then they're stuck as much as us.
8) Personally i refuse to be beaten and to be prevented from following my dream.
9) To Tracey and Joe, Much like myself, we'll get through it, probably with a bit of cost and a few fraught times but the end result will be us in the southern hemisphere.
By the way I did try to to speak to my ex t'other night, I didn't realise a door could close so quickly, so It's time to summarise all of the things that have happened up to now and go for the stat dec and see what happens.
Keep posting folks, someone out there will have the answer in even simpler English!!
Mort
Lets try to put things into simple english :
1) Ex partners generally look after the kids's basic needs, they're not brought up how we would like or how we would bring them up but getting custody from a mother is nigh impossible/lenghty and expensive to the point of bankruptcy.
2) Most of us are stuck in a a $hit situation and treated as enemies by those ex's.
3) Ex's, having no other way of getting to us, use the kids as a lever to make us feel crap, generally by refusing access when things don't go their way and the ex's dont realise/care they are hurting the kids by doing what they do.
4) It seems that the majority of ex's in this thread are in receipt of legal aid and therefore can choose to face the prospect of court with no regard to the cost, other than a gleeful rubbing of their hands because it's going to cost you money, again punishing you.
5) Regardless of the disagreements we've had with certain views I think we all know a lot more of how to try and get around this problem than we did when i originally posted
6) JAJ, you've answered with your views, and I have , as well as others, taken offence at those views, but I can say I'm personally grateful that you've said the things you've said because it's brought more comments and experience to the thread.
7) Saying that, your approach is that of a ten ton truck. Probably need to be a little less judgemental over peoples desire to emigrate without their kids, cos it's a horrible decision to make, most of us are praying that in the years to come they can make their own choice, but if the mother wont allow medicals then they're stuck as much as us.
8) Personally i refuse to be beaten and to be prevented from following my dream.
9) To Tracey and Joe, Much like myself, we'll get through it, probably with a bit of cost and a few fraught times but the end result will be us in the southern hemisphere.
By the way I did try to to speak to my ex t'other night, I didn't realise a door could close so quickly, so It's time to summarise all of the things that have happened up to now and go for the stat dec and see what happens.
Keep posting folks, someone out there will have the answer in even simpler English!!
Mort
#116
Forum Regular
Joined: Aug 2006
Location: Adelaide, South Australia
Posts: 97
Re: Non Migratory Dependents
With the greatest of respect, if this child is living with a parent whom you describe as irrational and (reading between the lines) potentially abusive, removing that child from the custody of such parent should be your top priority.
There are limits to what his mother can do to him, assuming she doesn't want to be charged with child abuse. Your solicitor can explain this to you.
If the child's mother is such an awful person, I'm having some difficulty understanding how you can in good conscience leave the child behind at such a vulnerable age and move to the other side of the world.
Or have I missed something here?
There are limits to what his mother can do to him, assuming she doesn't want to be charged with child abuse. Your solicitor can explain this to you.
If the child's mother is such an awful person, I'm having some difficulty understanding how you can in good conscience leave the child behind at such a vulnerable age and move to the other side of the world.
Or have I missed something here?
your advice on immigration has been useful, but i think you have overstepped the mark here.
B (until recently) has never dared to say anything against his mum. and unless he says something, we are fighting a losing battle.
after an attempted suicide, social services did nothing, and even tho B was terrified of leaving his mother(he wouldnt even go to school), there was nothing we could do!
after abusing her older son, social services did nothing again.
my husband left his mariage with £40,000 in debt and not a penny in the bank. after solely paying the mortgage, the sale of the home was split equallly. almost 4 years on, we are still paying off that debt, while the ex had £20,000 left! justice? i think not?
if his mother wanted to, she can cause a lengthy, expensive court procedure, which would take any savings we had started for our move to Oz.
moving to oz is not just chosing to leave B behind. we cannot afford to live where we do, and i have family in Oz, whom i miss dearly.
this is a difficult situation in itself, without comments like that. my husband and i cannot sleep, for worry about B and our future.
Tracey
#117
Re: Non Migratory Dependents
JAJ,
your advice on immigration has been useful, but i think you have overstepped the mark here.
B (until recently) has never dared to say anything against his mum. and unless he says something, we are fighting a losing battle.
after an attempted suicide, social services did nothing, and even tho B was terrified of leaving his mother(he wouldnt even go to school), there was nothing we could do!
after abusing her older son, social services did nothing again.
my husband left his mariage with £40,000 in debt and not a penny in the bank. after solely paying the mortgage, the sale of the home was split equallly. almost 4 years on, we are still paying off that debt, while the ex had £20,000 left! justice? i think not?
if his mother wanted to, she can cause a lengthy, expensive court procedure, which would take any savings we had started for our move to Oz.
moving to oz is not just chosing to leave B behind. we cannot afford to live where we do, and i have family in Oz, whom i miss dearly.
this is a difficult situation in itself, without comments like that. my husband and i cannot sleep, for worry about B and our future.
Tracey
your advice on immigration has been useful, but i think you have overstepped the mark here.
B (until recently) has never dared to say anything against his mum. and unless he says something, we are fighting a losing battle.
after an attempted suicide, social services did nothing, and even tho B was terrified of leaving his mother(he wouldnt even go to school), there was nothing we could do!
after abusing her older son, social services did nothing again.
my husband left his mariage with £40,000 in debt and not a penny in the bank. after solely paying the mortgage, the sale of the home was split equallly. almost 4 years on, we are still paying off that debt, while the ex had £20,000 left! justice? i think not?
if his mother wanted to, she can cause a lengthy, expensive court procedure, which would take any savings we had started for our move to Oz.
moving to oz is not just chosing to leave B behind. we cannot afford to live where we do, and i have family in Oz, whom i miss dearly.
this is a difficult situation in itself, without comments like that. my husband and i cannot sleep, for worry about B and our future.
Tracey
Also what makes you think that its cheaper in Oz. I have found it to be comparable to UK in everyway (cheaper some areas, more expensive others).
Jo
ducking for cover with bullet proof vest.
#118
been here b4
Joined: Jan 2007
Location: Perth W.A. With condo in Angeles city
Posts: 112
Re: Non Migratory Dependents
ok ok so we all know who is offering good advice and who isnt, i think now (for all our sake ) we should get back to the thread. we all (ME ESPECAILY) know wot they are like (ex) but the one over riding thing is we are trying for a better life and they cant touch us when we get there. Friends keep a smile on your face as we all know it pisses the ex off at the least, and it will only be a matter of time.
i know i have been there, and am there, and will get there (sorry ask if you want)
can we put this bad feeling to bed ???
ok smile
Tony
i know i have been there, and am there, and will get there (sorry ask if you want)
can we put this bad feeling to bed ???
ok smile
Tony
#119
Re: Non Migratory Dependents
ok ok so we all know who is offering good advice and who isnt, i think now (for all our sake ) we should get back to the thread. we all (ME ESPECAILY) know wot they are like (ex) but the one over riding thing is we are trying for a better life and they cant touch us when we get there. Friends keep a smile on your face as we all know it pisses the ex off at the least, and it will only be a matter of time.
i know i have been there, and am there, and will get there (sorry ask if you want)
can we put this bad feeling to bed ???
ok smile
Tony
i know i have been there, and am there, and will get there (sorry ask if you want)
can we put this bad feeling to bed ???
ok smile
Tony
Jo
My brother had x from hell, but everything is cool now so hopefully will get better for you all.
#120
Re: Non Migratory Dependents
Is a good idea!
This one depends on which side of the fence you sit on, do whats best for your kids or do whats best for yourself. This type of forum (where people are doing what they think is best for them) they become very irrate on such issues! Funny how all the ex's are getting the blame? Don't blame my ex for our divorce, was more my issues that caused it and I'm happy I made the break and life goes on etc etc etc!
This one depends on which side of the fence you sit on, do whats best for your kids or do whats best for yourself. This type of forum (where people are doing what they think is best for them) they become very irrate on such issues! Funny how all the ex's are getting the blame? Don't blame my ex for our divorce, was more my issues that caused it and I'm happy I made the break and life goes on etc etc etc!