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Found 49 results

  1. Flo&max

    permission from ex

    Hi! I am looking at relocating with my 2 kids and husband within the next 2 years. We haven't got a plan as such in place yet, but we are thinking either WA or QLD as we have friends living in both states. We plan on applying for a skilled visa as I am a RN. I have a child from a previous relationship and am aware I will need to have her dad sign a 1229 form. I have a feeling he will throw a spanner in the works and refuse to consent meaning I will have to go down the route of mediation and maybe even court. Which from what I have read is a long winded process and the court wont always grant permission. She is 4 and there has been no contact at all in the over 2 years now so I wont be taking her away from a bonded relationship. We were at court previously for contact but daughter didn't take well to it so judge granted indirect contact which her father has never followed as no contact has been attempted. I am hoping someone could advise on what I will need to present to the court to prove moving is in the childs best interest? I am aware I will have to show I am willing to allow contact to take place via skype/phonecalls/emails etc. It would be great to get an insight into others who have experienced the court process as I really have no idea what to expect. I would really appreciate any guidance on what to include!
  2. Hello again.This case is so complex that not even Immigration or the police knew what to do, and that's why I'm in a delicate situation now. I just want to find the better option and then hire a MARA Agent to help me with the caseAs I posted a few months ago, I overstayed my tourist visa for 3-4 months. The reason is that I lodged a Student Visa application on shore and it was invalid because I sent the documents to the wrong email address. During those 3/4 months I attended to my school and I have a certificate proving my satisfactory school attendance. So that means I had genuine intentions of studyingThen I was granted a Bridging Visa E which would give me a 3 year re entry ban once I leave the countryBefore I could leave the country I was charged with Break and Enter and Steal crime by the police. They confiscated my passport so that I couldn't leave the country. I pleaded not guilty and the court date is on June.Immigration has been granting me BVE's every month since then. I even got working rights approved 2 months ago because of financial hardshipThe BIG PROBLEM is just about to happen. Immigration has been pressing the police to either give me my passport or grant me a Criminal Justice Visa, something that they are not going to do as it is too expensive for themTurns out that the police has applied for a Bail Variation to give me my passport back, and once this happens I will be asked to leave the countryNow I want to know what options do I have to come back to Australia. I can just think of- Apply for a Student Visa and try to waive the 3 year ban.Main problem is that it will be too expensive. I would need to pay for the visa + first term which is already $2000 and then flights, MARA agent...- Apply for a Tourist Visa and try to waive the 3 year banI could probably get the 3 year ban waived with the excuse of needing to be in Australia in June and going to court. Then I could try a Student Visa on shore again. Not sure if that would work thoughEverything looks difficult at this stage, but one of the biggest reasons that makes me want to fight so hard to stay here is that I love soccer and here in Australia I've been working as soccer coach for many different teams and age groups. It's well paid here but I'm currently doing some volunteering for youth clubs too and I will let them down if I leave and never come backI think there might be some arguments to use in my favour- Coaching and developing soccer in the Australian community. Families, kids, players... 90% are Australian citizens- Satisfactory school attendance (genuine studying intentions)- Pending court date (not guilty) and I'm really confident that I will win the case- Unfair treatment leading to financial hardship (not allowed to work or leave the country for 4 months)
  3. Hi everyone New to this site/ forum and need some advice. I have 3 children (2, 6 and 10) i also have a partner waiting for his 457 Visa clearance to go to Aus. He will be working towards his PR. My Q is, do i need the fathers permission to take the kiddies to live in Aus? Iv heard that i need a court order? Im very doubtful that he would just agree without kicking up a fuss even though he does not have regular contact with the children. I have a lot of family living in NSW and we have been over before- the kids love it- so have no doubts at all that we would be happier as a family in Aus. Once my partner has obtained his PR would this change the situation in respect of my children or would i still need to go down the court/ solicitor etc route now? Sorry for babbling and hope this makes sense but feel like its a bit of a minefield atm :arghh:!! Thanks a lot T
  4. My nephew is in court on Wednesday for dangerous driving..... Speeding at 130 kmh in a 60 on a motorbike. He is a student in Sydney doing a degree and was driving on a UK licence. Reading up, it looks like he could spend some time in gaol.....probably deserved...but it would screw his life chances up quite a lot. He is hoping to settle in Australia once he has graduated. He is full of contrition and wants to represent himself and plead guilty....... I think that he needs some legal advice first. Does anyone know of a good lawyer they could recommend? I know he's a pratt! thanks.
  5. I'm sorry but come on, does it really matter what the taxi drivers wear, I have never once looked at what a driver may be or may be not wearing and I can't believe that a matter like this has gone to court:wub::no: A TAXI driver has been put on trial in the Adelaide Magistrates Court for allegedly wearing denim jeans on the job. Shahram Forozandeh is being prosecuted by the Transport, Energy and Infrastructure Department over an alleged breach of the state's taxi driver uniform standards. The department claims he wore blue jeans "with orange stitching" but the Passenger Transport Act requires him to wear dress pants. In another case this week, a driver was charged for allegedly obscuring his white dress shirt with a jacket. Yesterday Bill Gonis, manager of public transport for the State Government, said uniforms were an important part of driver compliance. "It's especially important at this time of year that the public has confidence that taxi drivers are properly accredited and professional in the way they present themselves," he said. "Wearing proper uniform is one way to ensure a driver is complying with the regulations." Mr Forozandeh, 44, of Brooklyn Park, has pleaded not guilty to one count of failing to wear a uniform as specified. Giving evidence yesterday, Senior Transport Compliance Safety Officer Larry Cutufia said he issued an on-the-spot fine at Victoria Square on January 20. "I knew they were jeans because of the colour, the material, the studs on the pockets and the predominately orange stitching on the seams," he said. "That's not wearing the proper uniform (of) navy blue, brown or black business-style trousers." Mr Cutufia said Mr Forozandeh claimed his work pants "had been ripped" and declined to step out of the taxi to be photographed. Mr Forozandeh, representing himself, challenged Mr Cutufia's account. "You cautioned me that morning, you did not fine me on the spot ... I did not receive the fine until May," he said. "You cautioned me, I took a fare to Darlington and you decided to fine me after I left." Outside court, Mr Gonis said compliance officers were not required to meet a fines quota. Read more: http://www.news.com.au/national/cabbie-in-court-for-wearing-denim-jeans/story-e6frfkvr-1226217443144#ixzz1fvwRvkaF
  6. Here is the content of mail which I got from David Harvey. Dear Clients We have now received 70 contributions. So, please make no further payments at this stage. We will get an invoice out to all contributors over the coming week, and we will stay in touch as work proceeds. Thanks again to all of you who contributed and sent in case profiles. Best regards David Harvey Solicitor Reg'd Migration Agent P:03 9940 1538 F:03 9940 1456 W: www.dhmigrationlaw.com.au
  7. Hi all, I wondered if anyone could let me know some of their court costs for getting permission to take my 2 young boys to oz? Or if there is any sites I can look at? I'm hoping to write a letter to my children's dad showing him the costs involved to make sure he is prepared to pay out and hopefully give me permission himself, he already owes thousands through CSA. Any advised would b grateful, thank you
  8. Guest

    G4/5 High Court Action: URGENT

    Below is an email from immigration lawyer David Harvey in regards to his legal action on behalf of G4/5 applicants We are still 13 people short of the required number to seek Counsel's opinion. If you would like to contribute and haven't yet indicated this to us, then please do so as soon as possible. If we don't get the numbers, we will have to discontinue this matter. Best regards David Harvey Solicitor Reg'd Migration Agent W: http://www.dhmigrationlaw.com.au
  9. Bit of a blow to the government, leaving those refugees in detention centres in limbo. http://www.bbc.co.uk/news/world-asia-pacific-14727471
  10. Hi all, Over the last 18 months I have been going through court to be able to take my son (from previous relationship) to Australia with myself, my hubby and 2 daughters age 8 and 9 months. We had the final court date 2 weeks ago and got granted the court order to take my son with us, and yesterday finally received our visa's. Its been a really hard few years financially (court) and emotionally and being pregnant too was extra hard but we have done it and at last got our wonderful visa. We are hoping to move to adelaide early jan, OMG what a feeling, can't wait to get those one way tickets booked now.. Thanks to everyone for their help and advice over the last few years and the lovely messages of support we have had for the court case, but i'm sure there is going to be alot more questions now to do with removal companies etc lol. Thanks again from a very very happy lady xx :jiggy:
  11. Just wanted to say hello to everybody. My husband and myself and our four kids have just started the emigration process for permanent residency. I have tried looking through the threads but am having trouble finding anything similar. My ex has been denied contact with my daughter and we have a court order. She is 2 now. Do we still need his permission to emigrate? Waiting for an appointment with a solicitor. Just wondered if anyone else has been through this process. Any help would be greatly appreciated. Many thanks X
  12. Hi there Just wanted to know if anyone else who has experienced simliar can shed a little light on something for me please. I've started court proceedings (no solicitor) to get a court order to take two of my children to Oz with me - the absent father will not give permission for me to take them, even though he doesn't maintain a decent level oc contact with them! I've had the first (directions) hearing and the court has ordered CAFCASS to file a report which is ''Limited to the Mothers application to remove the children from jurisdiction'' Obviously this "limited to" specifys in some way the report that CAFCASS will produce, what exactly do they mean by this though? Thank you in advance for replys Saffy x
  13. woodymcfc

    Court date changed again !!

    Well medicals went well today, but picked up the post when we got home and the court have sent a letter, with 3 weeks to go, changing the final hearing date regarding removing child from jurisdiction, again !!! Do the court not realise that arrangements have been made with the OH's and my work commitments, childcare has been arranged and our CO has been told when the final hearing will be, this will have been the final piece in the jigsaw for our application and now it's been put back for another 6 weeks. Does anyone know if there is anything that can be done ???
  14. Afro Developer

    See you in court....

    Just been wondering if anyone truly knows their legal obligations when posting on an online forum. Are we open to being sued for defamation, copyright infringement, or for supplying misleading information (unintentionally of course). Can member x take member z to court over certain remarks they may make and open a case for slander. If I was to say I think KFC is crap (hypothetically of course :wubclub:) is that Ok? Or should I phone my Solicitor just in case. If I suggested in response to a thread that member x should wait to sell their house and the market crashes soon after, can they chase me through the courts for giving misinformation? Don't mean to be drab, just curious that's all. :confused:
  15. Ok here goes, we gained our state sponsorship from WA this morning. I am now wanting to start our 176 visa application but we will have one thing missing. We have our 2nd and most likely final court hearing on the 28th April with regards to the OH's daughter and taking her to Australia, she doesnt see her biological father and there has been no contact at all for 6 years. Would I be able to submit our application and forward the court order in April if/when it is approved ? thanks...................Gary
  16. hi hope someone can help. We now have a case officer and are in the process of sorting the police checks. My fella is up at court next week for a speeding offense. Not sure if i should complete the paperwork now and just add a line at the end stating he is at court and for what. Or should i wait until hes been to court and got his punishment and then declare it. Is this type of thing classed as a criminal offence. Do i tick yes or no to this question on the form. Is he the subject of outstanding criminal proceedings. Yes or no. Am really panicking now that we have got to the co stage, that my fella is going to fail it. Any advice would be appreciated. Thanks nicola
  17. Hi, me & my hubby are hoping to go to adelaide, we got our ss, co and med dates, we r so close only i've got 6yr old son by previous marraige (and 5mth baby with my current hubby) and we are going to court for final hearing to remove him from jurisdiction. His father is not a very nice man and has an abusive history. So everything rests on this court hearing. I have to say why its best for alex to move to australia without being derrogatry to this country or anyone else!! I'm not best with words and ive never been in court for anything before so am scared!! Can anybody help me P L E A S E!!! This is our dream! Christine
  18. koala09

    Court and Co today

    Hi all, and thank you for all the good luck messages i have had. Well we have been to court again today and we still don't have a yes to taking my son to oz, its gonna be about 5 more months yet before we get it all sorted. Its a very long drawn out process and hopefully we will get it all sorted out before the end of the summer. fingers crossed again. But some good news today, we have our case officer.. :jiggy: .so we are at least a few steps closer and makes things a little easier to know things are moving.. Thanks again for all the private messages I have received, I really appreciate it xxxxx
  19. Hi friends, I am posting on behalf of fella mahcnag and bugger has several questions regarding his family sponsored 475 visa application. 1. He lives in 3 different addresses in yyyyyy(within 10 years gap) and now living in kuwait. Should he listed all the sri lankan address in his application or just a current one? 2. The guy is separated and divorce is pending. His X-wife has filed a mainatance case against him to get a high amount of $$$(he is already paying money which court has ask him to) which bugger can not bare. Both of these cases are pending decisions and have no idea about decision dates. Should he declare these cases in the section of " been charged with any offense that is currently awaiting legal action? " 3. Should he list his spouse details under the non-migrant family member section with separated relationship status ? 4. Will this maintenance case appear in his PCC? Answers highly appreciate!!
  20. Hi we have been at this process for over 2 years with a skill that is in high demand. Our emigration officer has made mistake after mistake with our case. We have been billed for work that was not even ours paper work sent to brisbine not checked and filled our properly. They aloud us to have an old ACS code(we were caught up in all the changes) and all computing codes were changed while our state sponcership was being proccessed and expected them to grant s/s with an out of date code. We are at the end of our tether 2 years in thousands been spent and no further forward than we were 2 years ago. What do we need to do to get some justice has anyone taken there emigration firm to court or been to a solicitor Please help
  21. koala09

    Court next week!!!!!

    Hi all, After a very long stressful year back and fore court and solicitors, very costly year in legal fees, loads of tears, and with being pregnant too with our now 3 month old little darling girl Aliyah. I am glad to say it is nearly over with. We have been going through the court process to take my son from a previous relationship to Australia with us to live in Adelaide with some of our family. We are in court next week 10th feb for our final hearing. We will find out either way if it has all been worth it. I can't wait but am very nervous at the same time. I have put a few posts on here in the past and very thankful for the help and advice off many of you, especially tracy and geoff who made it through the stress of court and about to start living the dream. I just hope we will be following them soon. Fingers crossed we'll get the go ahead next week and maybe a co shortly after, and me, hubby and Callum 12, Ella 7 and baby Aliyah can go live the dream too. Wish us luck guys xxxx :jiggy:
  22. Hi, i'm new to this forum but in desperate need of some advice, morale boost! Basically my husband is an Australian national, we have been married for 3 years, together for 7 and have 2 children together. I also have 2 children from previous relationships. My eldest child's father (he has never had any contact) has agreed to sign the 1227? consent form. My son's (age 11) father i'm sure will be a different kettle of fish altogether. He is basically a controlling bully. He decided to drop contact with my son 6 years ago, a year after we split up. Before he dropped contact he saw him every sat, and gave me sporadic maintainence payments (depending on how he felt, if I had a boyfriend etc). We were never married and he has no PR order and never wanted one. The high commission have told me that I need his consent or a court order to remove my son from the UK (even though in British Law I have full PR). I have found a solicitor and think it best that we use her to contact my ex and ask for his permission and i'm still scared of him and his unreasonable behaviour. My son thinks of his step-dad as his father and has no re-collection of his father any more. Basically i'm worried about this whole situation (many sleepless nights). My solicitor is drafting a letter to the father asking for his consent. I'm worried that i'm about to open Pandora's box, dragging the whole horrid relationship up again and worried that he'll enjoy having some power over my families' future happiness. I'm wondering how the court will look at his rights if he decides to contest to me taking my son to Australia. Will take my ex's feelings into account even though he hasn't bothered to make contact for 6 years? If it goes to court will my son be interviwed? He's only about 50/50 to going. He used to be very keen but is a worrier (like his mother). A 'great' neighbour of ours decided to tell him about poisenous spiders so now he's not keen on going at all! I'm also worried that this could cost us up to £8,000 and end up gettig us no where. Any advice or morale support would be great, and sorry for such a long first post!
  23. Hi, I recently posted on another thread about this topic saying that we have had our first hearing with regards to taking my OH's daughter to Oz. We have just received our second date along with orders by the court. It says...... ' The applicant shall file and serve statements of evidence relied upon in respect of the application to remove the child permanently from the jurisdiction by............' Could anyone please tell me what this means in plain English ? I do know of others experience on PIO were they have had to provide a fact finding report on schooling, job prospects, finances etc..... does it mean this ????? Thanks in advance Gary
  24. Hi all, I am in a bit of a situation and i'm looking for advise, experience and new friendships too I live in Manchester UK, i've been to Australia 3 times, 2 was holidays and one was working. I have a 5 year old daughter to a previous relationship and know I have to go to court in order to stand a chance of living in Australia. First payment will be made this month, no mediation required as he's not going to change his mind. What am I to expect? I know everything I need to do i'e school, work, housing situations etc I'd just like some advise and experience from people in similar situation/s. My husband is Australian ( I didnt meet him on my travel's - he was my reason for travel as we met on facebook lol ) we have a child together been married 2 years - together for almost 3. Answered questions like how long to expect it to take, the cost, emotional side of it i.e does it get messy etc would all be greatly appreciated. Thank you very much in advance. Sam
  25. Late last week a High Court ruling has given Youth Allowance Recipients a potential tax windfall, allowing them to claim the cost of textbooks, stationery and administration fees as tax deductions. Previously the ATO had viewed the Youth Allowance as a reward for studying and not as income, but the High Court has ruled that youth allowance payments should be treaty as "ordinary income" and that the student's expenses were incurred in earning that income, and therefore are deducible expenses. This is a very important decision and could lead to 500,000 other youth allowance beneficiaries claiming similar deductions, potentially worth millions of dollars. Does this ruling affect you or your children at all? Cheers, Mark