Non migrating dependants

[Guest Shy Ted]

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?

[Gollywobbler]

Hi Ted

 

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.

 

Best wishes

 

Gill

[Guest Richard & Amanda]

Hiya,

 

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!

[Guest Richard & Amanda]

Hiya,

 

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!!!!!

[Guest Shy Ted]

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!