Form 1229 and Apprehended violence order

[arq]

Hi All,

 

I am asking a tricky one on behalf of a friend. She is a student here in Australia and came here with her partner and daughter. Due to a domestic incident, court has put in an apprehended violence order against the partner for 2 years, he cant maintain any sort of contact with her and her daughter. My friend wishes to apply for her PR and was wondering if she needs her partner to sign the 1229 consent form for their daughter, provided her ex-husband has no visitation or contact rights with her daughter at all for the next 2 years.

 

Regards,

 

[Nemesis]

1 hour ago, arq said:

Hi All,

 

I am asking a tricky one on behalf of a friend. She is a student here in Australia and came here with her partner and daughter. Due to a domestic incident, court has put in an apprehended violence order against the partner for 2 years, he cant maintain any sort of contact with her and her daughter. My friend wishes to apply for her PR and was wondering if she needs her partner to sign the 1229 consent form for their daughter, provided her ex-husband has no visitation or contact rights with her daughter at all for the next 2 years.

 

Regards,

 

I would say she needs to speak to a migration agent as I suspect it will be more complicated than just the one form. He is still the child's parent and will have a right to be involved in her future.  Plus, unless they are legally divorced/separated, what is she going to do about including him on the PR forms. Is he currently a dependent on her visa, for instance, and if so when will he need to leave? His visa will either have to end hen she gets a bridging visa or when she gets PR, as presumably she is nt including him in the PR application. 

Is he even still legally allowed to be a dependent on her visa if they are separated?

 

This isn't just about the next two years, this is permanent.