Non migrating dependants
Just wondered if anyone had been in this position before. I have a 13 year old son from a previous marriage, divorced 10 years ago. Ex wife has said f**k off to any sort of medicals, passport details, anything, for my non migrating son regarding our visa application. What happens now?
I think you ought to consult a good Family Law specialist solicitor urgently. If he/she is unable to persuade your ex to co-operate, DIAC will often accept a Stat Dec from the solicitor confirming that all reasonable efforts have been made but have failed through no fault of the visa applicant.
Fear not, all is not lost (well it is panto season after all!!!)
You can just complete a statutory declaration outlining the details of what the ex-wife has said/ circumstances and have it witnessed by a family friend and then submit that. Should anything untoward happen to the ex-wife in the future and your son comes to live with you then he will need to have a medical before he is accepted into Oz. If you wish I can pm you what we submitted. Our agent so far was happy with what we typed. Not sure about the passport though - you will still need the number for the actual visa form. Though I suppose if you included a statement in the statutory declaration indicating she has the passport can't see that being a problem. Let me know if you need any further. Hope this helps! Would she not give you the passport number? After all as a parent with parental responsibility i.e your name on the birth certificate you have a right to have this information. Perhaps the passport office as a last resort may give you that info - or if you are feeling sneeky why not log the passport as lost/stolen - apply for another one for him and then you have the number! OH I think I'm being a little too sneeky there sorry!
Just before you start the legal process rolling.
We didn't need a solicitor to draw up the stat dec. We did it ourselves and it has been accepted!
I'm sure a solicitor will gladly take your money though!!!!!
Thanks very much guys for your advice on this one. I'd very much appreciate that PM with any further information if possible. Nightmare eh? Bitter ex-wifes!