My X will not sign form 1229 - URGENT!

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My X will not sign form 1229 - URGENT!


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Old 01-08-2014, 06:38 AM
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My X will not sign form 1229 - URGENT!

Guys,

I'm stress now. Got phone from CO, that i have to submitt form 1229, it's mean i have to have signature from my X, and this form it a must. Actually i have custody letter from the court, but in custody letter from the court itís mentioned that MY DAUGHTER FATHER IS ALLOWED TO VISIT HIS DAUGHTER, this words is obstacle for us. Actually I never stop my x from seeing his daughter, but actually he NEVER visit her daughter since June 2013.
I know my X will not sign the form, i did tried before i went to court to get custody letter, but without success.
If we couldn't submit this form, our application will be refused, or withdraw my daughter from the application then visa will granted.
I don't wanna go without my daughter, cause her father cant not look after her, for information guys, that my daughter has been living with me since the divorce and I have a full custody letter from the court as mentioned above.
Please guys, help urgently, as immi give me 28 days for this requirement.

Thanks & regards

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Old 01-08-2014, 07:02 AM
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Having full custody doesn't negate his right to visit his daughter (even if he chooses not to do so). I don't have any suggestion as I don't know how you can easily resolve this. Good luck.

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Old 01-08-2014, 07:12 AM
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Quote:
Originally Posted by maggie-may24 View Post
Having full custody doesn't negate his right to visit his daughter (even if he chooses not to do so). I don't have any suggestion as I don't know how you can easily resolve this. Good luck.
The CO said that my X can visit his daughter only while we are in Jakarta, but have no access to visit in Oz (i don't know why), that's why we couldn't go without his signature of form 1229.

Any other idea guys?

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Old 01-08-2014, 07:45 AM
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I'm sorry, I can't help either except to say that if you explain the situation, you can probably get an extension on that 28-day deadline. So, if it looks like things are going to take a while to resolve, don't panic! You probably have more time than you think you do.

Is there any way you can go to the courts and explain that he hasn't seen his daughter in six months, and you would like his visitation rights terminated? (Not sure if this is possible!)

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Old 01-08-2014, 09:53 AM
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Quote:
Originally Posted by ilalang View Post
Guys,

I'm stress now. Got phone from CO, that i have to submitt form 1229, it's mean i have to have signature from my X, and this form it a must. Actually i have custody letter from the court, but in custody letter from the court itís mentioned that MY DAUGHTER FATHER IS ALLOWED TO VISIT HIS DAUGHTER, this words is obstacle for us. Actually I never stop my x from seeing his daughter, but actually he NEVER visit her daughter since June 2013.
I know my X will not sign the form, i did tried before i went to court to get custody letter, but without success.
If we couldn't submit this form, our application will be refused, or withdraw my daughter from the application then visa will granted.
I don't wanna go without my daughter, cause her father cant not look after her, for information guys, that my daughter has been living with me since the divorce and I have a full custody letter from the court as mentioned above.
Please guys, help urgently, as immi give me 28 days for this requirement.

Thanks & regards
What about offering to pay for him to visit his daughter (tourist visa) in Aust on the grounds that he signs the form. I personally think your best way is to try and friendly negotiate him to sign. Failing that you need a lawyer

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Old 01-08-2014, 10:34 AM
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Quote:
Originally Posted by Inkhearted View Post
I'm sorry, I can't help either except to say that if you explain the situation, you can probably get an extension on that 28-day deadline. So, if it looks like things are going to take a while to resolve, don't panic! You probably have more time than you think you do.

Is there any way you can go to the courts and explain that he hasn't seen his daughter in six months, and you would like his visitation rights terminated? (Not sure if this is possible!)
Dear Inkhearted,

This situation is really hard for us. I have asked CO for extension time about 2 months, but not confirm yet.
In Indonesia difficult to ask the court order for terminated visitation both father and children, is very emotional here for every decision of custody letter.
Thanks for you advise.

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Old 01-08-2014, 10:50 AM
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Quote:
Originally Posted by Aussieboy07 View Post
What about offering to pay for him to visit his daughter (tourist visa) in Aust on the grounds that he signs the form. I personally think your best way is to try and friendly negotiate him to sign. Failing that you need a lawyer
Thanks Aussieboy,

Me and hubby considering to use our lawyer to contact him for mediation, I hope this will be as simple as I think and planned. finger cross.

Regards.

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Old 01-08-2014, 11:26 AM
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This is the email from CO :

"In order to progress your application, the following information is required. You must provide me this information within 28 days after the date of this letter.
1. Evidence that any child under the age of 18 years who is also named as an applicant, may travel with you.
For any child under the age of 18 who would not be travelling with both parents or legal guardians if this visa is granted, provide evidence of custody or responsibility for the child (such as a court order), and the right to determine where they should live.

I note that the father of the child has also a visitation right over the child, please submit Form 1229 signed by the father and the Certified ID of the Father. "



Rgds.

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Old 01-08-2014, 08:36 PM
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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.

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Old 01-09-2014, 03:23 AM
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Quote:
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.
Thanks CollegeGirls.

We 've been preparing all documents for a partner visa applications since October 2012, the only one document i haven't : the permission from my daughter fathers, then me and my daughter visited him to ask permission and have him sign on the statutory declaration, but really sucks, he asked me paid him Rp100 million to sign the paper. Thatís a lot of money!. so I decided to ask the court order for my child custody than paid him Rp 100 million.

About 8 months we undergo child custody hearing, and waited with very painful, finally in June 2013 the court decide child custody given to me, with a custody letter, then in August 2013 I submitted my visa application .
Custody letter generally in Indoesia mentioned, that the father of children allowed to visit the children without prevented. But apparently CO see these words as a barrier so she still asked his signature on form 1229.
I am very frustrated, after we passed the trial in court for months to get a custody letter to avoid his signature, then finally i got that custody letter but CO still asked his signature. I said : I went to court because it had previously unsuccessfully asked for his signature.

Now, I spoke to my lawyer who handled my custody case before, to ask mediation with him because seems the custody letter considered as rubbish by CO .

I feel i have to prepare Rp 100 million. O my God.. help me please.

Rgds.

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