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Jordan01

Form C100 Ex doesn't want our 16yr old to migrate with us

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Hi Everyone.

My ex is being difficult and will not allow my 16yr old daughter to migrate with us. Has anyone here been down the route of court regarding a similar case using the C100?

Any advice and time frames would be greatly appreciated as we were due to move around xmas time.

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VISA 309/100 Applied for 27 May 2016. C.O Assigned 13th June 2016. Medicals uploaded 28th August 2016. Police checks uploaded 30th August 2016......Visa granted 31 October 2016....HOORAY !!!!! Leaving Christmas Day 2016 :xmas29:

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Hi Everyone.

My ex is being difficult and will not allow my 16yr old daughter to migrate with us. Has anyone here been down the route of court regarding a similar case using the C100?

Any advice and time frames would be greatly appreciated as we were due to move around xmas time.

 

Sorry to hear.

 

When you say 'us' - who are the other parties involved?

 

B


190 State Nomination (65 + 5 = 70 pts) | Primary Teacher | AITSL Skills Assessment submitted 10 04 '16 | Successful AITSL Skills Assessment 10 06 '16 | Recce to Mellie August 2016 | IELTS result 27 08 '16 (Av. 8.5) | State Nomination Application lodged 31 08 '16 | State Teaching Registration approved 23 12 '16 | State Nomination approved 23 01 '16 | EOI lodged 13 05 '17 | Invitation to apply received 15 05 '17 | Visa application lodged 03 07 '17 | CO allocated, medicals requested 24 07 '17 | Medicals completed 31 08 '17 | OMG! Visa Grant 28 09 '17 - we're Aussie Residents!!! Wahoo!

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Hi B

Thank you for your reply. By us I mean my husband myself and my stepson. x


VISA 309/100 Applied for 27 May 2016. C.O Assigned 13th June 2016. Medicals uploaded 28th August 2016. Police checks uploaded 30th August 2016......Visa granted 31 October 2016....HOORAY !!!!! Leaving Christmas Day 2016 :xmas29:

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Hi Everyone.

My ex is being difficult and will not allow my 16yr old daughter to migrate with us. Has anyone here been down the route of court regarding a similar case using the C100?

Any advice and time frames would be greatly appreciated as we were due to move around xmas time.

 

From what you have posted, you might not need to use C100. Have you taken professional advice?


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Hi Westley

Thanks for the reply. We are seeing a solicitor this week so hopefully they can advise if it would be necessary to use the C100 route.


VISA 309/100 Applied for 27 May 2016. C.O Assigned 13th June 2016. Medicals uploaded 28th August 2016. Police checks uploaded 30th August 2016......Visa granted 31 October 2016....HOORAY !!!!! Leaving Christmas Day 2016 :xmas29:

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Is there room for compromise - like your daughter is allowed to validate her visa but she finishes school education in UK (which, given that she is 16 might be the sensible option anyway) then when she has her A levels she will be free to do Uni in either place. I can see why a parent might object to a change of education systems with just a couple of years to go.

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Does your daughter want to emigrate with you? If so, I don't think there is anything your ex husband can do to prevent it. 16 year olds have a say in where they live.

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My daughter will finish her GCSE's in June at which point the plan was to enrol her into college for a year to then go to Queensland University to study languages.

My ex has not paid maintenance for years nor contributed to her private school fees (of 5 years) nor has he taken her on holiday - this year she has been to Gran Canaria, China to study Mandarin, Corfu and Paris with us. There is contact but little and irregular.

Have tried to reach a compromise but ex doesn't want to.


VISA 309/100 Applied for 27 May 2016. C.O Assigned 13th June 2016. Medicals uploaded 28th August 2016. Police checks uploaded 30th August 2016......Visa granted 31 October 2016....HOORAY !!!!! Leaving Christmas Day 2016 :xmas29:

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My daughter will finish her GCSE's in June at which point the plan was to enrol her into college for a year to then go to Queensland University to study languages.

My ex has not paid maintenance for years nor contributed to her private school fees (of 5 years) nor has he taken her on holiday - this year she has been to Gran Canaria, China to study Mandarin, Corfu and Paris with us. There is contact but little and irregular.

Have tried to reach a compromise but ex doesn't want to.

She will need more than a year in a college to get into Uni. It's a 2 year course if you want decent grades for Uni entry

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Thank you Quoll. :wink:


VISA 309/100 Applied for 27 May 2016. C.O Assigned 13th June 2016. Medicals uploaded 28th August 2016. Police checks uploaded 30th August 2016......Visa granted 31 October 2016....HOORAY !!!!! Leaving Christmas Day 2016 :xmas29:

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Hi Everyone.

My ex is being difficult and will not allow my 16yr old daughter to migrate with us. Has anyone here been down the route of court regarding a similar case using the C100?

Any advice and time frames would be greatly appreciated as we were due to move around xmas time.

 

If you have to issue Court proceedings you wont be able to move at Christmas, you will be lucky to get a first hearing before Xmas!

Have sent you pm

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Hi Westley

Thanks for the reply. We are seeing a solicitor this week so hopefully they can advise if it would be necessary to use the C100 route.

 

May I suggest that you consult a registered migration agent to be clear about the applicable Australian regulations and with this information in hand, consult local solicitor who has family law experience?


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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