Consent of biological father - Page 2

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Consent of biological father - Page 2


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  #11 (permalink)  
Old 09-26-2013, 11:35 PM
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Hi B,

Yes, I did submitted the form 1229 along with my application from beginning. That was exactly what I told Thai to do as her son's father just need to fill in his personal contact details, sign and include his ID/family book notarized.

Thai told me the same thing that her CO won't accept the form but he need to write his own statement, have local government officer witness to his signature. I think the form is use for Australian and/or others, not for Vietnamese, moreover he is living in VN... what the CO asked for is not hard to get at all. The problem is he does not want to. From what she told me, I find she has been nice enough toward him. Perhaps it is time to do a bit of "act"

Have Thai to contact her son's father again, let him know he will have to take care of his son since she will relocate soon. I bet he does not want that happen because he does not want his family find out he had a child with another woman; otherwise he has no choice, he must write and sign.


  #12 (permalink)  
Old 12-16-2013, 11:17 AM
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Hi Kaiya,

Have you heard anything yet? We are looking to bring my fiancee's son here after marriage so will have to reapply for him as part of the second stage because he will have missed initial entry date by then (we received letter granting the visa via email for both her and him today).

They recently introduced additional charges for sub-applicants (such as dependent children) so we will have to pay the same for the second stage visa whether he is already here or not as I understand it. You may like to consider the same path if you're visa is approved without your children, I am sure the Australian authorities who process the second stage application after marriage will be much more understanding and accepting of your personal situation.

Thai was very lucky as she knows where her son's father lives and he agreed to write the letter to IOM in HCM (he even had to do it twice as they weren't happy with all the information in the first letter!).

Best Wishes,

BD.

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Last edited by Black Dingo; 12-16-2013 at 11:20 AM. Reason: corrected spelling mistake

  #13 (permalink)  
Old 01-19-2014, 03:29 PM
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UPDATE ABOUT MY CASE...

-Two weeks after the interview, I have submitted a letter from our Vietnamese lawyer stating the relevant legislation under which exclusive custody is assumed but this has been not accepted and again I have been asked to provide legal documentation, keep on looking for my ex and my application will be on held for another month.

-Late September 2013, my partner sent an email to the Hon Scott Morrison MP and local Federal Minister seeking for help.

-Early October 2013, we received an email signed by Vice-Consul (Immigration) Australian Consulate General HCMC states that they have requested advice from the relevant Vietnamese authorities - the Ministry of Justice - as to whether a father has any rights/obligations to their child if the father's name is not listed on the child's birth certificate. Their response will inform their next steps on my case. If the Vietnamese authorities advise that such a father has no rights/obligations over a child, then no further documentation will be required to satisfy child custody for my case.

-The second week of December, my CO called me on the phone ask me a few more questions about my ex and want me to submit (1) evidence of posting a personal announcement in the USA newspaper looking for my ex (2) statutory declaration stating that there has not been any application for nor contest to my custodial rights.

-A week later I submitted everything I was asked for. My partner once again sent email to the Federal Minister’s office and to the Consulate in HCMC on the last day of December.

-My visa and my two children were granted on 2nd Jan 2014. My case was tough, it took 8 months to wait.

All the best to single moms out there and good luck to those who have genuine relationship.

M&A

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  #14 (permalink)  
Old 01-20-2014, 03:27 AM
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Quote:
Originally Posted by Kaiya View Post
UPDATE ABOUT MY CASE...

-Two weeks after the interview, I have submitted a letter from our Vietnamese lawyer stating the relevant legislation under which exclusive custody is assumed but this has been not accepted and again I have been asked to provide legal documentation, keep on looking for my ex and my application will be on held for another month.

-Late September 2013, my partner sent an email to the Hon Scott Morrison MP and local Federal Minister seeking for help.

-Early October 2013, we received an email signed by Vice-Consul (Immigration) Australian Consulate General HCMC states that they have requested advice from the relevant Vietnamese authorities - the Ministry of Justice - as to whether a father has any rights/obligations to their child if the father's name is not listed on the child's birth certificate. Their response will inform their next steps on my case. If the Vietnamese authorities advise that such a father has no rights/obligations over a child, then no further documentation will be required to satisfy child custody for my case.

-The second week of December, my CO called me on the phone ask me a few more questions about my ex and want me to submit (1) evidence of posting a personal announcement in the USA newspaper looking for my ex (2) statutory declaration stating that there has not been any application for nor contest to my custodial rights.

-A week later I submitted everything I was asked for. My partner once again sent email to the Federal Ministerís office and to the Consulate in HCMC on the last day of December.

-My visa and my two children were granted on 2nd Jan 2014. My case was tough, it took 8 months to wait.

All the best to single moms out there and good luck to those who have genuine relationship.

M&A
BIG CONGRATS, Kaiya! Sounds like you guys really had to go through hell to make it happen... glad you were finally successful! I know you're celebrating!

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  #15 (permalink)  
Old 01-20-2014, 04:29 AM
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congratulations Kaiya!
good effort and good result, finally

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  #16 (permalink)  
Old 01-30-2014, 09:56 AM
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That's fantastic news Kaiya!

We hope everything goes very smoothly from here on in for you and your family.

You have posted some great information on here and I am sure many others will benefit as a result of you sharing such a difficult experience.

Chuc Mung Nam Moi 2014!

B.D & Thai

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  #17 (permalink)  
Old 02-10-2015, 06:08 AM
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hi if I am not able to get a court document from biological dad for the 4 years old child as its really expensive and take months if not years, I have been told there is another option which is statuary declaration from the dad to give permission for the child to travel overseas, but I don't know how its done, is it just a normal hand written and signed paper or has to be stamped by anyone and declared or something
please help thanks


  #18 (permalink)  
Old 02-10-2015, 07:21 AM
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Hi Roaamoey2014 -

See DIBP Form 1229 which must be signed by both biological parents - see directions on the form for more info.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by roaamoey2014 View Post
hi if I am not able to get a court document from biological dad for the 4 years old child as its really expensive and take months if not years, I have been told there is another option which is statuary declaration from the dad to give permission for the child to travel overseas, but I don't know how its done, is it just a normal hand written and signed paper or has to be stamped by anyone and declared or something
please help thanks

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  #19 (permalink)  
Old 02-10-2015, 08:59 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Roaamoey2014 -

See DIBP Form 1229 which must be signed by both biological parents - see directions on the form for more info.

Hope this helps -

Best,

Mark Northam

Hi Mark, I have a quick question for you - My ex husband has verbally given me permission for the children to move to Australia and we are in the process of making up a new separation agreement that will be filed with the court here in Canada - stating some changes to our child support agreement and it will also state that I have sole custody/guardianship, and the ability to make all legal decisions on where the children will live, and it will state that he has given me his full permission to move them to Australia. If I have this documentation, do you think I should also submit the form 1229? Because I know he would be willing to sign it--but I am also wondering if that might come across as confusing to the people processing the visas as the form wants signatures of people who HAVE the right to make decisions on where the child lives....so asking him to sign when he technically doesn't have the right to make that decision might be confusing? Or do you think it would be beneficial for me to submit both the court filed separation agreement stating all the above things AND the form 1229?


  #20 (permalink)  
Old 02-10-2015, 09:28 PM
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Quote:
Originally Posted by Kaiya View Post
UPDATE ABOUT MY CASE...

-Two weeks after the interview, I have submitted a letter from our Vietnamese lawyer stating the relevant legislation under which exclusive custody is assumed but this has been not accepted and again I have been asked to provide legal documentation, keep on looking for my ex and my application will be on held for another month.

-Late September 2013, my partner sent an email to the Hon Scott Morrison MP and local Federal Minister seeking for help.

-Early October 2013, we received an email signed by Vice-Consul (Immigration) Australian Consulate General HCMC states that they have requested advice from the relevant Vietnamese authorities - the Ministry of Justice - as to whether a father has any rights/obligations to their child if the father's name is not listed on the child's birth certificate. Their response will inform their next steps on my case. If the Vietnamese authorities advise that such a father has no rights/obligations over a child, then no further documentation will be required to satisfy child custody for my case.

-The second week of December, my CO called me on the phone ask me a few more questions about my ex and want me to submit (1) evidence of posting a personal announcement in the USA newspaper looking for my ex (2) statutory declaration stating that there has not been any application for nor contest to my custodial rights.

-A week later I submitted everything I was asked for. My partner once again sent email to the Federal Ministerís office and to the Consulate in HCMC on the last day of December.

-My visa and my two children were granted on 2nd Jan 2014. My case was tough, it took 8 months to wait.

All the best to single moms out there and good luck to those who have genuine relationship.

M&A
Well done!

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