Anne John Posted June 4, 2019 Share Posted June 4, 2019 Hello, I recently moved from India to Australia on permanent resident Visa. I was unable to get my child, because my divorce is pending at court and do not have authority letter by the court for custody. Is there any way that I can get here, if there is any temporary grant that can be given by the court. Or can I bring her for few days on vistors Visa, her father would not approve of anything, but legally I solely take care of all her needs, how can I deal with this situation. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted June 4, 2019 Share Posted June 4, 2019 1 hour ago, Anne John said: Hello, I recently moved from India to Australia on permanent resident Visa. I was unable to get my child, because my divorce is pending at court and do not have authority letter by the court for custody. Is there any way that I can get here, if there is any temporary grant that can be given by the court. Or can I bring her for few days on vistors Visa, her father would not approve of anything, but legally I solely take care of all her needs, how can I deal with this situation. You need to speak to an agent 0 this should really have been sorted as part of your own PR. What was the child listed as? A non-migrating dependent? Quote Link to comment Share on other sites More sharing options...
Anne John Posted June 5, 2019 Author Share Posted June 5, 2019 14 hours ago, Nemesis said: You need to speak to an agent 0 this should really have been sorted as part of your own PR. What was the child listed as? A non-migrating dependent? I have applied for her as any yet. Quote Link to comment Share on other sites More sharing options...
Beffers Posted June 5, 2019 Share Posted June 5, 2019 I'd advise you to speak to a migration lawyer who was also skilled in Indian family law. I know that India hasn't signed up to the Hague Convention, which would basically mean if you removed the child from India without the father's permission, he could pursue you under this legislation and have you return the child to its habitual place of residence, i.e. India. There are however extradition orders do exist between India and Australia, dated 2010, which the father could use to pursue you if he believed you were taking the child illegally out of India. As you can see, this is SOOOO complex and you're not going to get the answers you need on a forum like this as you need a mixture of specialised family law and migration advice. Even if you did bring her on a visitors visa, there may be repercussions that we simply cannot know or understand without being fully conversant in Indian law - I know that normally the person with full legal custody has the right to remove the child, but you're clearly waiting for that authority from the courts. You would have to apply to the Court in India for temporary reprieve in terms of bringing her on holiday, but it would be at the discretion of the Indian courts not Australian Immigration. Besides, that, I'm struggling to understand why she wasn't included on your PR application as a dependent? 1 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted June 5, 2019 Share Posted June 5, 2019 6 hours ago, Anne John said: I have applied for her as any yet. But you must have listed her on your own application where it asks if you have any dependents? They ask whether you have dependents and whether they are migrating with you or not. Or did you forget about her and say you had no chldren? 1 Quote Link to comment Share on other sites More sharing options...
Anne John Posted July 5, 2019 Author Share Posted July 5, 2019 Thank you, I had to remove her from my application. As was advised that, I didn't have the court declaration or the father's consent. I could only go through my application. Quote Link to comment Share on other sites More sharing options...
Anne John Posted July 10, 2019 Author Share Posted July 10, 2019 On 05/06/2019 at 19:58, Nemesis said: But you must have listed her on your own application where it asks if you have any dependents? They ask whether you have dependents and whether they are migrating with you or not. Or did you forget about her and say you had no chldren? Good one no I did not forget. But was asked to withdraw her application Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 10, 2019 Share Posted July 10, 2019 11 minutes ago, Anne John said: Good one no I did not forget. But was asked to withdraw her application I think you should follow the advice to speak to a registered migration agent. Its unusual and beyond the scope of a layperson's forum Quote Link to comment Share on other sites More sharing options...
Anne John Posted July 10, 2019 Author Share Posted July 10, 2019 10 hours ago, Nemesis said: I think you should follow the advice to speak to a registered migration agent. Its unusual and beyond the scope of a layperson's forum Sure I will, thank you Quote Link to comment Share on other sites More sharing options...
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