Letter from thai ex husband to let kids come to Australia

[simonfullwood]

Gday , Im married to a Thai woman who is currently living in Australian on a temporary permanent visa we would like to bring her kids over but need a letter from ex to travel is there any way around this and what visas would we need to get them here.Lastly would it be better to wait until shes got permanent residency???

Any help would be welcome

[nightwatch]

Hi Simon

I am in a similar situation, we lodged a dependent child visa (subclass 445) 1 for each child. This visa can only be applied for whilst your wife is still on her Temporary permanent visa. You could also apply for a tourist visa.

If the children are under 18 and their bioligical farther is still living you will either need a court order that states that their mother has sole custody and very importantly can determine where they can live. (This could be a lengthy process!)

or

The father will have to give Written permission for them to travel, this will have to be witnessed by a person that has authority to do so. Must be recognised by the D.I.P.D.

The Amphur office,V.F.S.or the Australian Embassy can witness and certify the document.

In our case the childrens father went to the V.FS office in Bangkok and had the form signed,witnessed and certified there.

Edited March 23, 2014 by nightwatch

[simonfullwood]

Thanks for your reply my wifes ex husband is working out of Thailand now and no one can contact him or has any idea when he will return.He doesn't have anything to do with his 2 children, lucky if they receive 2-3 phone calls a year.Thus being the case my wife will probably receive her permanent visa before getting any kind of letter from him,if he will write one.Can they come just on a tourist visa for a holiday or does the father still have a say?

[evadgib]

I have no idea what the legalities are but the wife of my brother in law (Thai/Thai) was able to take their child to Finland from under his nose without any form of consent. He was in bits over this for a very long time.

[nightwatch]

Thanks for your reply my wifes ex husband is working out of Thailand now and no one can contact him or has any idea when he will return.He doesn't have anything to do with his 2 children, lucky if they receive 2-3 phone calls a year.Thus being the case my wife will probably receive her permanent visa before getting any kind of letter from him,if he will write one.Can they come just on a tourist visa for a holiday or does the father still have a say?

Sorry to say, but if the children are under the age of 18 they will still need permission to travel for a visitors visa, the same rules apply.

I would advise you to send an e-mail to [email protected] and state your situation and any questions you have. I have done the same in the past and found them to be very helpful with information. They look after child visas in Australia

It also would not do any harm to send an e-mail to [email protected] as they will be the department that you will be lodging any visa application with.

[simonfullwood]

Thanks for your help cheers

[Surin13]

You don't always need permission from the father for a Tourist visa, We got one without being asked to get permission and also got a permanent visa without the fathers permission.

Permission was requested for the permanent visa, but we supplied a legal response saying why we are not required to supply permission under Thai law and why we not not be supplying the requested permission.

Legally if the child's parents were not married and the father has not registered/legitimized all you need is a Por Kor 14 stating this.

The Thai embassy and DIBP don't like accepting just the Por Kor 14, and will insist that you need more then this, but legally you don't. The risk of this is if the visa is rejected then you will have to appeal the decision.

The Thai government only requires the mother to have a Por Kor 14 to allow the child to leave the country (and the legal right to decide were the child lives), the issue is that the Embassy/DIBP likes to apply Australian law to foreign country's when the laws of that country maybe very different.