Australian Family Law & Immigration Request

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Australian Family Law & Immigration Request


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Old 12-29-2010, 03:17 PM
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Australian Family Law & Immigration Request

Hey there our application has been delayed because our CO Has requested a copy of my Divorce papers from my first marriage...These papers were destroyed by my second husband when I left him (((( I DO Have the paperwork for my second )))) along with other important papers
In the past years Marrying my Canadian husband and gaining my Canadian Permanent Residency I have NOT been required to have these

Anyhow to cut a long story short ..I contacted my first husband and he went PERSONALLY To the Dandenong Family Law court to get a copy of our papers .... He was told there is no record , that there is a record of His dealing with the family law court with someone in another name ( Which was a custody thing between himself & his defacto AFTER his divorce from myself)

Secondly I Phoned Family Law courts of Australia and provided all the information needed ( Except the actual date as neither of us remember that it was 24yrs ago and not really memorable )
I spent 2hrs & the department were great they had 3 people searching information while I was on the phone ...but they found nothing
The next evening I phoned them again and once again spent approx 1.5hrs on the phone as the girl I originally spoke to was not available ...Still no record bearing in mind I had remarried again since the REQUESTED Document. This person still could not find any records of a divorce between Mr W-S & Myself.. She explained to me that the Family Law court of Australia only keeps on record per person , so because I have remarried & Mr W-S has had dealings with another person since there is no record of our divorce....
So we sent an email & a package to our CO included in it is what the Family Law Court had to say

here is what the Family Law courts said Re: Divorce papers

"We have actioned an extensive search on many variations of the names that you have provided and am unable to come up with a copy of your Divorce Order.
We have realised that the first file I found on Mr W-S could be related. This file was originally opened with the date of 1988 and then held within it a date of 15 July, 2002 with a different female name. This is an old file so not a lot of information would have been input into it, ie: date of birth etc.

IF A PERSON HAS MORE THAN ONE DIVORCE ETC THEN THE COURT ONLY HAS ONE FILE FOR ALL PARTIES, so we can only assume this may be your ex-husbands file and he may have been married, and divorced again in 2002

This file is in the Adelaide Registry. The file number is @#$ blah blah...You can request a copy and they will be able to find the hard copy file, and if you are on this file then they will send you your divorce order."

Thank you
XXXXXXXX
Client services officer
National Enquiry Centre
Family Law Courts
#######

We have had an email back from our CO She says " the paper IS REQUIRED even after sending her a copy of the above email via email and hard copy
How can she expect us to get something that is no longer on record ?????? The Family Law Courts are who deals with divorce in Australia
I dont know where to go for this information If they dont have it WHO WOULD

Has anyone else had this problem ? Have they been able to get a copy SOMEHOW ? Can our application really be knocked back for lack of a paper that NO LONGER is available even from the actual courthouse were the proceedings took place ??????????????? We have until the 7th of March to provide her with the request


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Old 12-29-2010, 05:26 PM
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Do you remember the lawyer / solicitor you used for the divorce? As they might have records. I dont know how long they would keep them for in Oz, but here they would be archived and destroyed after 6 years. that may or may not be the case in Oz, even if it is, it might be worth contacting them still as they dont always promptly destroy stuff when they should.

From what you have said, your ex husband could produce a marriage certificate and claim you are still married! as there is no record of divorce, which sounds messed up.

Good luck!


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Old 12-29-2010, 11:03 PM
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The 1988 file may have the record of your divorce if it was only two years earlier and if 1988 was the date of your first husbands second marriage for he would probably have had to provide evidence of being eligible to marry.

So in the first instance, it would probably pay to get that.

Have you also had a search done under the name of your second husband to see if on marrying him there was a record of your earlier divorce put in a file of his name.
Failing either having appropriate information and yet having what is available you could ask the CO if there is a senior officer that can review what is being asked for seeing it would seem to be a detailed legal situation and/or contact the Immi Global Feedback Unit.





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