Child Support (I NEED ADVICE PLEASE)

[Guest myrna]

Hello, I thank God I found this useful site. I really need your advice regarding on my case about child support. My husband resides in Australia and I (with my 2 Kids) reside here in the Philippines, our 2 kids below 18 years of age are currently receiving an on-going child support payments from their father for five years until now.

 

My husband wants me to apply my 1 child (16 Y/o) to migrate to australia and he needs from me the Statutory Declaration or Letter Of Consent to permit my child for VISA application as one of the main requirements for child visa below 18 years of age.

 

My question is, is there any grounds or reasons that my husband might use this document (Statutory Declaration / Written Consent made from the present of a Lawyer) to stop the on-going child support of my children or my child even if I still have the full custody/care of them? I am planning to give this consent or permission for the purpose of VISA application only. Once the VISA is approved, I don't want yet to migrate my child to his father since she is still young and below 18. My child is 16 years old and if her VISA will be approved I will only allow her to migrate when she will turn 18.

 

(I tried to seek for legal advice here in our country but they said they do not cover the laws and child support procedures since the case is in different Jurisdiction/Country, I hope your experiences and knowledge about child support will help my case and justice for my children)

 

Thank you in advance and I am hoping for your reply Please.

[Guest myrna]

Hello, I thank God I found this useful site. I really need your advice regarding on my case about child support. My husband resides in Australia and I (with my 2 Kids) reside here in the Philippines, our 2 kids below 18 years of age are currently receiving an on-going child support payments from their father for five years until now.

 

My husband wants me to apply my 1 child (16 Y/o) to migrate to australia and he needs from me the Statutory Declaration or Letter Of Consent to permit my child for VISA application as one of the main requirements for child visa below 18 years of age.

 

My question is, is there any grounds or reasons that my husband might use this document (Statutory Declaration / Written Consent made from the present of a Lawyer) to stop the on-going child support of my children or my child even if I still have the full custody/care of them? I am planning to give this consent or permission for the purpose of VISA application only. Once the VISA is approved, I don't want yet to migrate my child to his father since she is still young.

 

(I tried to seek for legal advice here in our country but they said they do not cover the laws and child support procedures since the case is in different Jurisdiction/Country, I hope your experiences and knowledge about child support will help my case and justice for my children)

 

Thank you in advance and I am hoping for your reply Please.

[Guest Guest31881]

Hi,

 

I am no legal expert but I can give you my opinion.

 

Once a migration visa is approved you have to visit Australia within 12 months ( Normally) to validate the visa. Once you arrived in this country with your daughter, you could find it difficult to leave Australia again as she arrived on a migration visa and the father could argue that you are now trying to take her away from him. I could be totally wrong but you need serious Australian legal advice before you leave your own country and enter Australia on a migration visa.

[ali]

I agree with Colin - I think you need expert legal advice, our members can only give you an opinion

[Guest myrna]

Hi,

 

I am no legal expert but I can give you my opinion.

 

Once a migration visa is approved you have to visit Australia within 12 months ( Normally) to validate the visa. Once you arrived in this country with your daughter, you could find it difficult to leave Australia again as she arrived on a migration visa and the father could argue that you are now trying to take her away from him. I could be totally wrong but you need serious Australian legal advice before you leave your own country and enter Australia on a migration visa.

 

Thank you sir for the Reply, How about if I just provided the the Statutory Declaration/Written Permission to Migrate? Is there any bearing that may affect the On-Going Child Support of my Children? THanks in Advance Sir.

[_shel]

Thank you sir for the Reply, How about if I just provided the the Statutory Declaration/Written Permission to Migrate? Is there any bearing that may affect the On-Going Child Support of my Children? THanks in Advance Sir.

 

If you sign the declaration and the child is in Australia the father will be able to make them stay there with him and the child would no longer be in your custody if you are in the Philippines. So you would not be able to receive child support for it because you wont be supporting it, the father would be.

 

If you don't want your child to leave you and live in Australia due to his age then dont sign the declaration until you would want the child to leave you and live with his father.

 

You really need to get legal advice before doing anything.

[Guest myrna]

If you sign the declaration and the child is in Australia the father will be able to make them stay there with him and the child would no longer be in your custody if you are in the Philippines. So you would not be able to receive child support for it because you wont be supporting it, the father would be.

 

If you don't want your child to leave you and live in Australia due to his age then dont sign the declaration until you would want the child to leave you and live with his father.

 

You really need to get legal advice before doing anything.

So you mean ma'am that even the VISA will be approved as long as our child resides here in the Philippines there is no effect on On-Going Child support for her? Thanks in Advance...

[_shel]

So you mean ma'am that even the VISA will be approved as long as our child resides here in the Philippines there is no effect on On-Going Child support for her? Thanks in Advance...

 

 

No I am not saying that, I am not a lawyer, you really need to speak to specialist adviser http://www.helplinelaw.com/lawyers/philippines

 

And once the visa is issued your child may well end up in Australia and there would be little you could do about it once they are there.

[rebrol]

Hi

 

I can't really help you with the child support question. Just wanted to warn you to be careful when you apply for your visa as there is usually a set time you have to validate the visa. If you apply and do not enter Australia by a certain date the visa becomes void or you may have to have medicals and police checks done again as the validation date is usually a yr from medicals. I don't know what visa your applying for, and the processing times are very different for different visas but don't want you to spend money on applying for a visa now if you don't plan to enter the country for 2 yrs. Just a word of warning really.

With regard to the child support payments I can't imagine your husband will have any grounds to stop payments until your child is residing with him. However I don't know what you could do about it legally if he did stop paying.

I hope somebody else will be along soon to answer your question more thoroughly.

[Guest Guest31881]

Hi,

 

I have merged your threads together, please do not post multiple threads as it just confuses everyone who is trying to reply,

 

Thanks ....

[Guest myrna]

Hi

 

I can't really help you with the child support question. Just wanted to warn you to be careful when you apply for your visa as there is usually a set time you have to validate the visa. If you apply and do not enter Australia by a certain date the visa becomes void or you may have to have medicals and police checks done again as the validation date is usually a yr from medicals. I don't know what visa your applying for, and the processing times are very different for different visas but don't want you to spend money on applying for a visa now if you don't plan to enter the country for 2 yrs. Just a word of warning really.

With regard to the child support payments I can't imagine your husband will have any grounds to stop payments until your child is residing with him. However I don't know what you could do about it legally if he did stop paying.

I hope somebody else will be along soon to answer your question more thoroughly.

 

Thank your sir rebrol, the visa is a permanent VISA,. I hope there is really no reasons or possibilities that he may use the document and he is only pretending to apply my child and just obtain documents from me. THanks you for the warning. I appreciate it.

[martynwhite16]

THis document is for your childs visa, i have just had to get my ex wife to sign one for my son, please pay no attention to the scare mongers " your husband will keeep him there" this is incorrect it is still kidnap.

 

Right,

 

the real reason is because he/she is a dependant child she has the right if anything should happen to the parent living outside oz to travel and live with the other parent with minimum hassle eg. proving they are dependant on that parent. Also having to wait a lenghtly time while the visa is processed. It is also the visa office asking for this not the other parent.

 

as i have had to do this for my son and my partner has for her daughter i know this for deffinate.

 

Chill and sign it he cannot keep them there unless you say so. oz are very keen on parental reposability

[Freesia]

this thread is several months old now...... she might well have resolved the issue. However , surely you cannot possibly know (let alone for definite) what the reasons are for the request. Your own situation/motivation might be vastly different from those of the OP's partner.........I don't believe anyone was "scaremongering" anyway, & I don't think "kidnap" came into it either ? :huh: