oysterbay Posted June 10, 2014 Share Posted June 10, 2014 Hello we are at the start of the visa process and have booked my husbands Ielts and our hoping to get a 190 visa. we have 4 children but the eldest is from a previous relationship. He is just 8 years old and father wont sign forms and get a copy of his passport certified. So will be seeking a court order do I need to put a statement and file together with information of our plans now for the first hearing or wait till we have attended it. We are thinking about representing ourselves, is that also a big No-No??? will caffcas be involved? my husband is not Australian and does not have a job offer. he will look for work once visa is granted so wasnt sure how to word our statement to why we think this is in the best interest of child. the legal advice i got was that we did not have a strong case because of these reasons. but he cant get a job now.... we need the visa first. any advice would be gratefully recieved Link to comment Share on other sites More sharing options...
sarahs Posted June 10, 2014 Share Posted June 10, 2014 I have been through this process and yes, I would advise you put together a statement in advance. As much detail as possible. Google Payne v Payne. This is the leading case law and has recommeundations on how a judge should make a decision. Cafcass are normally involved...good luck! Link to comment Share on other sites More sharing options...
Quinkla Posted June 11, 2014 Share Posted June 11, 2014 Why would you want to move your oldest son away from his father? Especially since you seem to have no compelling reasons to emigrate. Even your own lawyer is telling you that you don't have a strong case for claiming that emigration is in your son's best interest (read between the lines, your lawyer thinks it is against your son's best interest). It is worth noting that if you were Australian and looking to emigrate to the UK, you would not be allowed to do so. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted June 11, 2014 Share Posted June 11, 2014 It isn't up to us to question the reasons, if you can't help the OP then best to leave the thread alone. @oysterbay we did it but it was many years ago now and my husband didn't have a job either. Get together all the information you can ie 1) Im presuming your husband has a skill that's in demand, make sure you document this. 2) Explain that you are going for a PR Visa because it is secure rather than a temp visa that is not. 3) Print out lots of job vacancies for your husband so they can see you have been looking and the work is there 4) Try and find an area/suburb where you are likely to settle and attach information like cost of rentals (we even showed them the houses etc on print outs from realestate. 5) Get the enrolment packs from the schools in that area. 6) Let them know how much savings you are going with and that you have plenty of money behind you if he doesn't get a job in ex amount of weeks. 7) Also advise them on what your husbands wage is likely to be per year. 8) If your children are in to sports etc or you want them to be list activities they can do in that area. 9) One of the main things to do is show that your son can keep in touch with the father, ie buy him his own computer with Skype installed, writing letters to each other, sending your ex copies of school reports etc To be honest they are not keen on breaking a family apart whether its son and father or your son and your other 3 children, mum and stepdad. I know people in the past who have said they will go anyway and if needed leave the child with the father, if this happened can the father support your son, would he need to give up work and his social life, is there a risk to the child in doing this???? The cases I have known have swung this in to the mothers favour. To be honest it wasn't something I would have been prepared to do or risk. What does your son want to do? Is he in regular contact with his dad? Good luck, its a stressful time :hug: Link to comment Share on other sites More sharing options...
ali Posted June 11, 2014 Share Posted June 11, 2014 One of the big things is how you as the adult will help maintain the relationship with the absent parent - will you be sending the child for holidays - if so how often - will you be funding this or funding your ex partner to visit Aus. A friend had to say how often her child would skype, email, letters, pictures, report cards etc., etc. Link to comment Share on other sites More sharing options...
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