anuragkakria Posted September 14, 2012 Share Posted September 14, 2012 Dear All Thanks you for this wonderful forum. I am permanent resident of Australia (under visa class 175) (ORIGINALLY FROM INDIA) but at present in Bahrain. I already validated the visa last year in september 2011. In current year august 2012, I am blessed with baby (natural delievery to my wife- will it be natural child? please advise as per attach form)). Now i want to arrange for her visa which I believe will be child visa 101 (please correct if I am wrong). I was going through formalities for completing the form 40 CH and 47 CH. I have attached the from here .I have following question Please guide me in solving question in the form 47 CH and 40 CH Form 47 CH Question 14,20,21,23,31,44 Form 40 CH Question 9,13,19,41 They are asking for court order for the following If the child in under 18 years of age , one of the following must be provided (QUESTION 13 IN FORM 40 CH) Attach a certified copy of the court order giving you sole legal right to determine where the child shall live or the right to permanently remove the child from the country FROM WHERE I CAN GET THIS COURT ORDER IN INDIA, AT PRESENT I M IN BAHRAIN FOR LAST 6 YEARS =, CAN INDIAN EMBASSY IN BAHRAIN CAN HELP? if any body have the format pplease send it to me As per this attached check list we again have to go for police clearnace (me and my wife) , please advise AGAIN I HAVE TO GET THE POLICE CLEARANCE AS I PROVIDED IT AT THE TIME OF PR . please advise me regards new member- Anurag Kakria Sponsorship for a chikld to migrate to OZ Form 40 CH.pdf application for migration to OZ by a child form47ch.pdf Sponsorship for a chikld to migrate to OZ Form 40 CH.pdf application for migration to OZ by a child form47ch.pdf Link to comment Share on other sites More sharing options...
RockDr Posted September 14, 2012 Share Posted September 14, 2012 To clarify, are your wife and child with you in Bahrain? and what is your wife's Australian visa status? Link to comment Share on other sites More sharing options...
anuragkakria Posted September 14, 2012 Author Share Posted September 14, 2012 Hi Thank you for reply They(my wife and 5 year old son) are with me in bahrain and they both have PR done and verified. we all visited Australia after our visa was stamped in september 2011 which was as per requirment of visa Link to comment Share on other sites More sharing options...
RockDr Posted September 14, 2012 Share Posted September 14, 2012 If that's the case, then I don't think you don't need a court order, since the child's other guardian (your wife) is also migrating. The court order is for people who have separated from their spouse, to prove they have sole legal custody of the child (i.e. to prevent child kidnapping under the hague convention). The forms are rather confusing, so hopefully someone who's applied for this visa can come along and help with this. Link to comment Share on other sites More sharing options...
anuragkakria Posted September 14, 2012 Author Share Posted September 14, 2012 Hi Thank you RockDR Regards Anurag Kakria Link to comment Share on other sites More sharing options...
wellieboots Posted September 14, 2012 Share Posted September 14, 2012 Hi, Question 13 first asks if you are the only person with the right to determine where the child should live and with the right to remove them from the country. The answer to that question is no (because your baby has another parent, your wife). You then need to fill in your wife's details in the boxes below. It is only if you tick Yes to this question that you need to provide a court order. So this doesn't apply to you. Link to comment Share on other sites More sharing options...
anuragkakria Posted September 14, 2012 Author Share Posted September 14, 2012 Thank you wellieboots i was thinking from that perspective Regards Anurag Link to comment Share on other sites More sharing options...
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