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vixy

HELP PLEASE! Me and my kids have visa's now my ex won't let them come to Oz

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Hi everyone, I am desperately seeking some advice from anyone who may be able to help. I applied for and was granted a visa on January 2nd this year (yay!) My ex signed the consent form for my children to be included on the visa so my two daughters have visa's too and have to enter Australia by September (he always agreed to let them come across, as he intends to come over in a year too). As I have been getting things sorted in Adelaide I have spent some time away from my girls. I booked flights a month ago and since then my ex has been trying to stop them from coming across with me and unfortunately has their passports. Does any one know if signing this consent form is enough for me to get the girls across even if he doesn't want them to come, is it legally binding in such a way that he has given up his right to keep them in England? I've arrived in England now, should've flown with the girls yesterday, but have managed to postpone for a week. Would really appreciate any help anyone can give, Thanks in advance

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I think you need to contact either a family law specialist or CORAM (free to use) and ask for legal advice about this. Sorry to hear of these problems, but perhaps he's having second thoughts because he's spent some time with them and realises how much he will miss out on? Is there anyway that you could perhaps reason it out with him in terms of he's moving over soon, there's SKYPE and holidays, etc., etc.?


Husband's Spouse Visa Offshore Application 309/100 Sent 24/09/13

Application Received at Australia House, London 25/09/13 @ 07:49

Payment taken 26/09/13

CO assigned 05/11/13 (WP)

Visa Subclass 100 Partner Migrant Visa granted 30/05/14

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Recourse to the law may be your only solution here - he's entitled to change his mind (as are you, of course) as circumstances change. At least the UK family law system is more likely to give you permission to leave the jurisdiction with your kids if you can make a good case.

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Seek legal advice, you may well have to delay your move to Australia as these things take time.

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Again, I really don't think you will find the advice you need on this forum. Get legal advice. I am sure the courts will realise that he has signed previously and is holding you back after you have funded anything.

 

It may sound simple but have you sat down face to face and discussed anything, discussed his fears? His anxieties? I know my ex will struggle and I have reassured him at each step of the way I will include him and be there for him as well. I even offered to pay for him to come over for the initial move so he can help in choosing the schools with me for the children. Of course, you need to work on your relationship with him, which can be difficult. My ex hurt me in the past and drives me crazy but I make the effort for my children's sake.


 

IELTS L9.0 R9.0 W8.0 S8.0 AHPRA 13.2.15 ANMAC LOD 31.3.15 Interview QLD Health Job offer & relocation package 30.3.15 189 PR applied 15.4.15 (medicals 7.5.15) CO contact 03.06.15 Visa Grant 06.07.15

Heading to Townsville 16.9.15

 

 

 

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Him signing the form to get a visa is not the same thing as leave to remove, it sounds like you will need to do that now. Unless he changes his mind, there is a lengthy process ahead and you should start to rethink your plans.

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Thanks for your replies, I am looking into the legal side of things, unfortunately I am now stuck having sold everything in England and rented a house which I'm tied into a contract until September and having found and started a permanent job in Adelaide. And spent a fortune on flights and setting up home for the girls!

As for sitting down with the ex and sorting things out, I have tried in person, by email etc. he just keeps finding excuse after excuse, seems like his final trick is emotional blackmail!

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Looks like you might have to leave without the girls? Are they with him at the mo? If so, that could be a very difficult situation for you. A lawyer is going to be your best course of action. Doesn't sound like an appeal to his better nature is going to work.

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How long have you been away from the girls? If you have been working here for a while and the Father has been bringing up the girls, well then that is a tricky situation.

 

You may well have to go back to the UK to resolve this.

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That's a real dilemma. It has to be sorted out with the family court and in my opinion the girls have to be heard as well. They might not be separated from their dad, or are they okay with that? Something must have prompted your ex to suddenly disagree.

I'm convinced the father loves his children as much as the mother and now realises he'll miss out a lot. We're all migrants, but who asks the children if they really want to go?


IELTS 01/2011; TRA 03/2011; SS SA 05/2011; visa 176 lodged 06/2011; visa granted 08/2011; arrived in Adelaide 02/2012; Australian citizen 08/2016

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Thanks for your replies, I am looking into the legal side of things, unfortunately I am now stuck having sold everything in England and rented a house which I'm tied into a contract until September and having found and started a permanent job in Adelaide. And spent a fortune on flights and setting up home for the girls!

As for sitting down with the ex and sorting things out, I have tried in person, by email etc. he just keeps finding excuse after excuse, seems like his final trick is emotional blackmail!

 

For all you know the girls might have asked him to fight it, but not dared tell you directly. There is nothing for it but to go through the legal process now, as unwelcome as that may be.

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Yes, giving permission to apply for the visa's is different to giving permission for you to remove them from the jurisdiction. You will need to apply for ' leave to remove' in the uk. I have just been through it myself, and it is a very upsetting process for all. I suppose, the golden question is if the children want to go! Their ages would also be relevant here, ie if they have sufficient understanding of what moving to another country actually means. Good luck.

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Him signing the form to get a visa is not the same thing as leave to remove -

 

If it had been correctly worded it would be.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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