My X will not sign form 1229 - URGENT! - Page 2

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My X will not sign form 1229 - URGENT! - Page 2


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  #11 (permalink)  
Old 01-09-2014, 03:56 AM
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DIBP will be very careful when assessing the migration of minor children. They need to ensure the child's rights to see both their parents, as well as the non-migrating parent's rights to see their child, are still maintained. Most courts will also ensure the non-custodial parent has access to the child unless there's a strong reason not to do so (e.g. abuse, drugs, etc.).

You can't guarantee his ability to visit your daughter in Australia, since you can't guarantee his ability to qualify for the necessary visitor's visa. So I think your best (and perhaps only) solution is to convince the father to relinquish any access and sign the form.

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  #12 (permalink)  
Old 01-09-2014, 08:02 PM
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Just something to consider in the negotiation, does the father pay child support? If not then that could be a bargaining tool. If he does then perhaps an offer from you to reduce it to some minimal amount on the grounds in exchange for his signature. This would be fair since he won't have easy access to his daughter.
Though in saying all this if it takes 100 M RP if this is the only hold up in your application personally I would just pay it. This equates to $9,350 Australian and the minimal wage in Australia is around $34,000 . Of course try to offer him half, it sounds terrible but this is what you are dealing with

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  #13 (permalink)  
Old 01-10-2014, 09:12 AM
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Quote:
Originally Posted by Aussieboy07 View Post
Just something to consider in the negotiation, does the father pay child support? If not then that could be a bargaining tool. If he does then perhaps an offer from you to reduce it to some minimal amount on the grounds in exchange for his signature. This would be fair since he won't have easy access to his daughter.
Though in saying all this if it takes 100 M RP if this is the only hold up in your application personally I would just pay it. This equates to $9,350 Australian and the minimal wage in Australia is around $34,000 . Of course try to offer him half, it sounds terrible but this is what you are dealing with
Thanks for your advise Aussieboy,
We already consider this option. Actually he never ever pay child support since the divorce.

Rgds,

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  #14 (permalink)  
Old 10-27-2014, 04:29 PM
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Originally Posted by CollegeGirl View Post
You said you've already talked to your lawyer - that's good. It's my understanding that this kind of thing has to be settled in family court before the application for the visa can continue. It's up to the CO whether or not, once a court date is set, they give you an extension to provide this until after the court date. Sometimes they do and sometimes they don't.

ilalang, there's another forum where this is a more routine question and they may be better able to give you more info - I'll PM you the name of the forum.
Hi
I too have similar problem - what is the worst case scenario if Form 1229 does not get signed?
Can you pls PM me as well the forum where this is discussed ?
thanks
Sydney

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Old 01-24-2015, 05:39 PM
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<nevermind>


Last edited by ToyTowner; 03-06-2015 at 04:28 PM.

  #16 (permalink)  
Old 01-25-2015, 01:05 AM
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Form 1229 is signed by the other biological parent, so the step-parent can't sign it.

If you can't get your ex to sign the form, you need to provide DIBP sufficient evidence that you've made all reasonable efforts to obtain their consent and hopefully this will satisfy them. It would be worth getting a migration agent's guidance on this.

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  #17 (permalink)  
Old 01-25-2015, 09:12 PM
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Have you consulted a registered migrationn agent?

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  #18 (permalink)  
Old 01-26-2015, 02:44 AM
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Thanks, @Maggie.
@wrussel - No, I haven't consulted any agent yet. If I am not able to get the signatures, I will definitely consider contacting you on this topic. I have made a note of your website. Thank you.


  #19 (permalink)  
Old 03-07-2015, 03:13 AM
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Hi,

I am in a similar situation and want my X to sign the Form 1229.

From what I have known so far, X can just print the last page of the form, fill it in, sign it, and then on another blank sheet of paper, mention something like below and get that piece of paper notarized. Then, post the signed form and this paper to me. Can you please tell me if what I am doing is correct?

I, The X, parent to <child> born on <date> at someVillage in someCountry, understands that my X plans to immigrate to Australia with <child>, to which I am hereby giving my consent.

As required, I am providing my driving license as the ID proof below:

<insert scanned image of The X's driving license here>

Should you have any queries, please feel free to contact me on the phone number provided in Form 1229 or by email.

Sincerely, --- --- --- --- Document verified by & Signed before,


The X --- --- --- --- --- Mr. Notary.


  #20 (permalink)  
Old 03-07-2015, 05:23 AM
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Quote:
Originally Posted by in2aus View Post
Hi, I am in a similar situation and want my X to sign the Form 1229. From what I have known so far, X can just print the last page of the form, fill it in, sign it, and then on another blank sheet of paper, mention something like below and get that piece of paper notarized. Then, post the signed form and this paper to me. Can you please tell me if what I am doing is correct? I, The X, parent to <child> born on <date> at someVillage in someCountry, understands that my X plans to immigrate to Australia with <child>, to which I am hereby giving my consent. As required, I am providing my driving license as the ID proof below: <insert scanned image of The X's driving license here> Should you have any queries, please feel free to contact me on the phone number provided in Form 1229 or by email. Sincerely, --- --- --- --- Document verified by & Signed before, The X --- --- --- --- --- Mr. Notary.

I don't think you need anything in addition to the signed 1229, no need for this additional complicated statement.


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