janchloe Posted May 19, 2012 Share Posted May 19, 2012 Hi need your advise. i already lodge my application in diac and i got a reply from my case officer instructing me to do the medical and provide court order regarding the below: Custody Court Order You are required to provide a valid court order showing that you have the legal right to remove the children included in your application from their country of residency. If this is not available, you may provide a statutory declaration from the child’s other legal parent giving that child permission to migrate to Australia. As per republic act law in the philippines , the mother of an illegitimate child has the sole custody of her child. It doesnt actually needs a court order since there was no issue of parental rights. The father of my child walked away even before she was born. I am the only parent in her birth certificate. Are there other documents the immigration will consider other than a court order.. That will be a difficult process if i go through. Link to comment Share on other sites More sharing options...
melbournegirlinny Posted May 19, 2012 Share Posted May 19, 2012 As the message from your case officer says, if no court order is available then you may provide a statutory declaration which is just a statement written by you setting out all the facts you have mentioned and signed in front of someone like a notary public. Link to comment Share on other sites More sharing options...
janchloe Posted May 19, 2012 Author Share Posted May 19, 2012 As the message from your case officer says, if no court order is available then you may provide a statutory declaration which is just a statement written by you setting out all the facts you have mentioned and signed in front of someone like a notary public. Hi but i have no communication with the guy anymore and i doubt it if ever i can find him ,he will not cooperate with me to make a consent letter. or do you mean i will just make a letter stating the situation and make it notariZed? Link to comment Share on other sites More sharing options...
melbournegirlinny Posted May 19, 2012 Share Posted May 19, 2012 You make the sworn statement explaining everything. Link to comment Share on other sites More sharing options...
wrussell Posted May 20, 2012 Share Posted May 20, 2012 Hi need your advise. i already lodge my application in diac and i got a reply from my case officer instructing me to do the medical and provide court order regarding the below: Custody Court Order You are required to provide a valid court order showing that you have the legal right to remove the children included in your application from their country of residency. If this is not available, you may provide a statutory declaration from the child’s other legal parent giving that child permission to migrate to Australia. As per republic act law in the philippines , the mother of an illegitimate child has the sole custody of her child. It doesnt actually needs a court order since there was no issue of parental rights. The father of my child walked away even before she was born. I am the only parent in her birth certificate. Are there other documents the immigration will consider other than a court order.. That will be a difficult process if i go through. May I suggest you consult a registered migration agent? If you insist on representing yourself contact the DSWD (and possibly an attorney too) for a written confirmation that the Philippine jurisdiction permits the permanent removal of your child. You would also have to satisfy your case officer that this is in the best interests of your child, and that is all that is required under Australian migration law. Link to comment Share on other sites More sharing options...
janchloe Posted May 20, 2012 Author Share Posted May 20, 2012 May I suggest you consult a registered migration agent? If you insist on representing yourself contact the DSWD (and possibly an attorney too) for a written confirmation that the Philippine jurisdiction permits the permanent removal of your child. You would also have to satisfy your case officer that this is in the best interests of your child, and that is all that is required under Australian migration law. I have a migration agent but doesnt actually knows what to do either.its non sense of paying them. Thats my wrong decision consulting one. They just told me to provide what ever the case officer requires doesnt even gave me ideas . Link to comment Share on other sites More sharing options...
wrussell Posted May 22, 2012 Share Posted May 22, 2012 If you retained the services of a registered migration agent you might have expected better advice. I have advised you what to do. You should also obtain a Certification of Solo Parentage from your Municipal Social Welfare Development Office and supporting affidavits from disinterested parties: Barangay Captain, Mayor and similar. You could expect a considerable issue persuading the embassy that you cannot contact the family of the father for an affidavit. Get an attorney or a notary to write them a letter The only people who know the law well enough to advise you are registered migration agents, and not all of them and not all DIAC case officers know the law. I lived in RP for years. I speak 4 Philippine languages. My wife is Ilokano. Three of our children were born in Tuguegarao. I have adopted 3 children from RP. I have appeared before regional trial courts about 30 times. As a registered migration agent I have managed numerous 'solo parent' cases with 100% success. None of the well-meaning amateurs who post on this form have a motherless clue what to do and nobody anywhere knows more about the issue than I do. If you want the name of a reliable, competent registered migration agent in Angeles, Google: Migration Agent Angeles City. Link to comment Share on other sites More sharing options...
Danee Posted February 3, 2013 Share Posted February 3, 2013 hi Janchloe! I am in the same situation as you.. single mother. I would also like to bring my son when i apply for visa. May I know what happened with you submission of docs? Were you able to provide statutory declaration? did the CO accept? In my case, the biological father signed in the birth cert of my son although we're not married. The child surname followed his. Link to comment Share on other sites More sharing options...
wrussell Posted February 4, 2013 Share Posted February 4, 2013 the biological father signed in the birth cert of my son although we're not married. As you probably know, a legitimate birth cannot be registered in RP unless a marriage certificate is presented. Notwithstanding this the NSO often do it. See my previous post. Link to comment Share on other sites More sharing options...
Skelego Posted August 6, 2014 Share Posted August 6, 2014 If you retained the services of a registered migration agent you might have expected better advice. I have advised you what to do. You should also obtain a Certification of Solo Parentage from your Municipal Social Welfare Development Office and supporting affidavits from disinterested parties: Barangay Captain, Mayor and similar. You could expect a considerable issue persuading the embassy that you cannot contact the family of the father for an affidavit. Get an attorney or a notary to write them a letter The only people who know the law well enough to advise you are registered migration agents, and not all of them and not all DIAC case officers know the law. I lived in RP for years. I speak 4 Philippine languages. My wife is Ilokano. Three of our children were born in Tuguegarao. I have adopted 3 children from RP. I have appeared before regional trial courts about 30 times. As a registered migration agent I have managed numerous 'solo parent' cases with 100% success. None of the well-meaning amateurs who post on this form have a motherless clue what to do and nobody anywhere knows more about the issue than I do. If you want the name of a reliable, competent registered migration agent in Angeles, Google: Migration Agent Angeles City. Affidavits and notary letters are not accepted by immi for sole custody evidence or proof of legal rights to the child. These documents have no influence with the Australian immigration and will be ignored by case officers. This includes migration and tourist visas. Any migration agent that states that they are, is misleading you. I am in the same situation and have researched this problem for the past 12 months with no genuine results. forums just start the conversation but fall short of giving any real advise just before they mention they are or know of migration agents (which in my experience, they have no idea about illegitimate child migration, even the ones registered with MARA). my best advise is for you to find the closest court near where you live which will do a custody hearing and find out who all the attorney's are in the area and if they have experience with custody court orders. This is the stage that I am at with my custody court order (the final hurdle in our migration application).. Migration issues are seen as easy money to be made with.. be careful and good luck. (this is for the furture readers) Link to comment Share on other sites More sharing options...
blossom Posted August 6, 2014 Share Posted August 6, 2014 This thread is over two years old. Probably best to start a new one if after discussions. Link to comment Share on other sites More sharing options...
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