my hubby has an 11 year old child from a previous relationship. we have had very little contact with her (my husband is not a bastard, the mother is a nutter) we have a court order stating access but this has never worked out. any way! how will this work out when we start our paper work? Do we need to get her a medical check (don't see her mother consenting) or do we have to sign a form saying we are not taking her / or intending on taking her to aus?
Location: From Bury,Manchester To Jimboomba, Brisbane
Posts: 7,917
Thanks: 132
Thanked 201 Times in 153 Posts
My Mood:
Hiya i havnt had any experience of this but if you dont intend to take her with you ,maybe just a statement stating this added to your paperwork will do the trick.I dont think shed have to undergo a medical but it really is basic and theres nothing embarrasing about it,if the mother dosnt agree could you not have her at your house,coincidently on the same day as the medical it dosnt take long and by the time mum found out it would be done.!!!
Cal x
I was in exactly the same position. :oops:
DIMIA was insistent that my 2 children because they were under 18 had to undergo the medical. They are aged 15 &16.
So, after 2 unreplied "special delivery" letters (which were signed for) to their mother explaining my situation I had to contact a lawyer to put my case forward to DIMIA to explain my dilemma. We have our visa now and are migrating July '07. :lol: 8) :lol:
I must say that my agent Migration Matters helped a great deal and personally, I would recommend them.
PM me if I can help.
Hi there, we are in the same situation, I have 2 stepchildren, 8 &10yrs. We have been told that they need to be included on the visa application form (but not requiring a visa). This is because if anything happened to their mad mother, she would probably come to live with you as her father's dependant. For this reason she will also have to undergo a medical. As cal says, can't you coincidentally have the appointments when she is with you? That is what we are going to do.
Just out of interest, how does your husband feel about leaving his daughter behind. Mine is having an understandably hard time getting his head around it. He does have regular contact with them but we hope that as they get older they will be able to come on theier own and eventually may even want to come and live.
Hi we have had no contact with hubbys wee girl for quite some time now, court order not worth the paper it is written on! We dont see her so we couldn't have her here during medicals!!! Hubby feels sad about going but in all honesty she lives a five min walk from us and we havent seen her for god knows how long. Hubby recently tried to make contact again but his daughter herself does not want contact now! It is a shame because they were soooooo close. Her evil mother has turned her head. It is a hard decision, but we feel the decision has been made for us.
Thanks all for the information----- how much longer did the lawyer stuff add on to your application time
maybe im missing the point but when consent has not been given by either parent, that parents wishes must be taken seriously, i would hate to think my daughter was made to do somtething behind my back when i had said im not happy, on the other hand ive seen threads on this forum about stat decs stating why you could not have his/her meds done.sorry if i seem negitive
See a solicitor and have him contact your ex (she probably won't reply or tell them where to go), your solicitor will then do a letter stating you've done everything in your powere to get a medical done, you'll send this off with your application and it should be ok. What DIMIA are worried about (like someone said) is that should something happen to the other parent the child(ren) would probably end up in Aus and they want the control of whose coming into the country.
There are some previous threads on this subject and it's not uncommon and hope it's reassuring that people have been in the same boat and still got their visas;
Ali
__________________ I am toopositive to be doubtful, too optimistic to be fearful and too determined to be defeated!
We are in your position regarding children from a previous. I too have lost contact with my children over the past 12 years. Not for trying though
You need to see a lawyer as ali suggested. In my case, our letters to my ex were ignored by her. My lawyer had to explain to DIMIA our situation and that regretably in our case the contact had broken down so much that if their mother was to cease then my children would not want to come and live with us but reside with their grandparents.
This was approved and our visa was granted.
In our experience, don't waste your time with "statutory declarations".
It probably added an extra 4 weeks collecting past flaunted court orders etc....
It is a very sensitive situation to all concerned, good luck. :)
if you are not taking her to OZ then you will not need medicals etc just fill in the form stating that she is residing with maternal mother in UK. if you do want to take her and the x refuses to sign and the child wants to go then it will have to go through the courts where they will ask her who she wants to live with more than likely taking into account her age. this could be a lengthy process. but who knows the x might say she can go
In our experience, DIMIA will insist that non migrating children will have to undergo a medical for the previous mentioned reasons.
If not, you will have to prove to DIMIA, who will be responsible for your child/children at the unfortunate scenario of the resident parent shall decease.
You cannot just write on your application that your non resident child/children do only reside with their resident parent therefore the child/children do not need medicals.
Contact your lawyer 
