Gasman4236

I wish to immigrate to Australia on a trade visa. The question I require an answer to is.

My children are to be processed as part of my visa but my x wife will not allow them to go on my visa. Im in court july to ask the county court judge for a ruling to force her to. Is there a law that i can use English or oz ?

Im thinking as im the father and if the mother was to be taken ill / pass away and my children are without a parent in england they would be in limbo.

Any help on the law would really help me.
Many thanks :-)
Scott

Bermudashorts

Are you trying to secure custody of the children? What is the court case about?

If you are not intending to bring the children to Australia, you can inlcude them on your visa application as non migrating dependents. Then shoudl something happen to mother, you would get them child visas down the track.

Gasman4236

Thanks for the reply ...

It's just I need to know if I cant include my children on my application because of my x wife there must be a law preventing her from me including them ? I'm sure I need to fly them to oz to validate their visa and to return back to england ? ...

Thanks Scottie

Bermudashorts

Could you clarify your situation, it would make answering a whole lot easier.

a) Do you have (or are seeking) custody of the children and are planning to move to Australia with them permanently?

Or

b) Would it only be if someting happens to mother that you will seek to take them to Australia?

What you need to know and do in the two situations is very different, that is why I asked the question in my previous post.

If you want to do a) then you need to go to court and get the right to remove the children from the country. If you want to do b) then you don't need to get them a visa now, you just need to name them as non migrating dependents on your application. If need be you will get them a visa in the future.

Gasman4236

Morning Bermudashorts.


Thanks for the reply

Sadly No im not seeking custody of my children they are to stay with their mother. I think i have a problem regarding the visa, is the medicals, the Australian government require my children to undertake a medical and then to be named on the visa and non-migrating dependants ? I would like to be able to take the children to Australia to validate a visa and to show them where they could live with me, i know the x wont let it happen, i think shes afraid they may want to move with me, she will do anything to prevent this happening I'm mean anything !!!!

I'm interested to know more because the x won't allow me to have the children undertake a medical, is there some law that I could use to quote to a district judge of a county court, im due to see him in july to prevent her from stopping me and persuade a judge.

Many Thanks
Scott

Dorothy

If you are not planning to seek custody of your children then you cannot add them as migrating dependants on your visa and therefore they cannot have a visa to validate "to see where they could live with you". You will however have to include them as non-migrating dependants on your visa, which means that you will need to either get them medicals or have your ex sign a statement refusing to allow it. (If you have access visits there's no reason why you can't have them do medicals while you have them).

As for your ex doing anything to prevent them moving with you, wouldn't you do the same if it were her that were moving across the world? I know if my ex husband decided he wanted to move to the other side of the planet I would do everything I could to prevent him taking my children with him. I assume you would do the same if your ex wife decided she wanted to move to Australia with your children and leave you behind. You would be much further ahead to try building bridges to a better relationship with her so your kids can come out for visits on tourist visas.

Bermudashorts

Non migrating dependents don't get a visa so there is nothing to validate. All you need to do is try to get their medical done in your circumstances.

moneypenny20

And if you can't get the medicals done, you get a Stat Dec done explaining why you can't. If you can get the ex to do one stating why she won't allow the kids to have the medicals so much the better.

BTW, if me and the husband split up and either of us decided to move the kids to the other side of the world, even the other end of the country, I can guarantee we'd both do anything we could to stop the move.

Gasman4236

Re my x wife.

Thank you everyone for your valued replies.


I do understand from a my x wifes point of view and the children are to stay with her. But after all it's for my children and surely that what's important. But I just wanted my visa to go through without any problems, sort of tick every box.
I'm going to just seek the permission for medicals then leave the rest up to my children if and when they can make there own minds up.

Thanks again everyone.
Scott

Tramps_mate

Either the kids go on your Visa and get it as well for them or they go as non migratory. When they are old enough to decide for them selves (18) they may need their own Visa in their own right.

Gasman4236

Thanks for the reply TM ...

Yes that's my worry. Leaving them without a way to enjoy what a father can do for his kids. After all it's a choice I would of liked to of being offered

moneypenny20

Unfortunately as a father planning on relocating to the other side of the world and therefore leaving your children behind, you are creating this fragmentation of your family, no one else. You either go through a very lengthy, extremely costly court procedure to allow them to migrate with you (more than likely losing if they currently live with their mother) or you accept you are responsible for preventing them from 'enjoying what a father can do for his children'.

It's an impossible situation and one I could not and would not do but if you go ahead then you have to take the responsibility and hope that your ex will allow them to visit, or hope that any time you travel back to see them, that your ex won't make other plans - wouldn't be the first time that little chestnut has been mentioned.

A shit situation and I don't envy you one bit. Good luck.

Bermudashorts

Australia isn't the promised land. Not everyone wants to move here and many that do dont like it. So please dont make out that this moving to the other side of the world on the off chance your children will join you one day is something you are doing for them. You will change the relationship for good and probably not for the better, dont kid yourself of anything else.

roaringmouse

Then don't.