Child Visa Australia

[Elwood62]

I would like to know what are the rules when it comes child visa's

my GF has full custody of her child. does she need permission from the ex to bring the child to OZ?

My feeling is yes but not really sure as there are lots of differences between countries.

thanks

[bridge]

I would like to know what are the rules when it comes child visa's

my GF has full custody of her child. does she need permission from the ex to bring the child to OZ?

My feeling is yes but not really sure as there are lots of differences between countries.

thanks

Hi Elwood62

The focus is on ascertaining who has the legal right/responsibility to decide where a child can live. Generally both parents are assumed to have joint responsibility unless both parents agree, or a court orders otherwise.

If a child is being sponsored for a visa alone (eg a child visa) or applying with only one parent, DIAC will make inquiries about whether that parent has the sole right to decide where the child can live. If a parent does not have the sole right to determine where a child shall live, DIAC will require evidence that the other parent (or other person) who has, or shares, this right to determine where the child lives, consents to the child travelling to or migrating to Australia.

Regards

bridge

Australian Registered Migration Agent

[gburns57au]

First off, what visa will she be applying for.

I brought my wifes son over for a 2 week visit in April 2007, when I married his Mum. We had stat decs from the wifes sister and mother stating that the father had no part in the childs upbringing since their separation. We did not require permission from the father.

When we applied for the spouse visa in late 2007, the stepson was included in his mums application, we were required to get a letter from the father giving his permission for the child to live in another country or my wife would have had to go to court to get Sole Custody of the child. as far as I know Sole custody can only be granted by the courts, it is not something that can be agreed between the parents. If the biological father cannot be traced or is deceased then the court still has to grant sole custody.

Hope this assists

I would like to know what are the rules when it comes child visa's

my GF has full custody of her child. does she need permission from the ex to bring the child to OZ?

My feeling is yes but not really sure as there are lots of differences between countries.

thanks

[sezzo]

When we were preparing the applicaiton for my wifes spouse visa I made a phone call to the embassy from Australia to find out the requirement for her kids. Going on this advice when I was over in Thailand to submit the application we tracked down the ex and told him what the plans were. He was happy for us to bring the kids to Oz and therefore accompanied us to the VFS and in front of the staff there signed the necessary form to allow the kids to be taken out of the country. I admit that apart from a days driving around the countryside searching for him and his family, we were pretty lucky in getting him to cooperate. I have been told that the court process could take a long time to finalise.

Good luck.

[bdenner]

If the child has his/her mothers maiden name in both the family book and passport there will not be too many hassles just for a tourist visa. Residency is another kettle of fish where you will need all the court orders.

Took us about 6 months to get TW's daughters name changed and to get the court orders to prove sole custody, just to get the passport (hire a lawyer). All that documentation was required for our Residency application, both have had Aus residency for about 6 & 1/2 years now. OH! and the Thai Passport office wanted to see all the documentation again on renewal of the childs passport 5 years later. Not knowing that cost me two trips to Khon Kaen.