# Non-Accompanying Dependents



## TheExpatriate (Feb 7, 2014)

Howdy !

Applied for visa 189 already. Listed my wife as a dependent, and my children (from a previous marriage) as non-accompanying dependents since they live with my ex-wife who has full custody.

I am running now into a few concerns/questions

1- My agent said I need to provide a court verdict or any official document that she has custody, there is no such thing as back in my home country (I live now in another country other both Australia and my home country) women get custody automatically and without any court proceedings. 

I told her I can sign a statutory declaration, she's not sure this is gonna fly with the CO (who hasn't been assigned yet).

2- Some friend told me I will also have to do medical for my children. I have visitation rights, however, my children are back home in another country, and my ex-wife will never allow me to do this and would never cooperate, fearing that I am trying to kidnap them and run away or something (even if I explain it to her, she's a hysterical type of a person).

Do I really have to do medicals? Can I get around it?


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## _shel (Mar 2, 2014)

CO will know what is/is not legally available and you will be expected to provide alternative. Though this will need to be also signed by a lawyer or similar. 

Yes your kids need medicals. Reason = if your ex were to drop down dead you would want them in Australia. DIBP want to ensure they meet medical requirements so they do not split families. 

Hysterical type lol  so she wont listen to reasoning? If not have a solicitor write to her with a request, explaining why it is needed. That is then evidence for your application that you have tried and failed, should be accepted.


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## chiku2006 (Feb 22, 2014)

TheExpatriate said:


> Howdy !
> 
> Applied for visa 189 already. Listed my wife as a dependent, and my children (from a previous marriage) as non-accompanying dependents since they live with my ex-wife who has full custody.
> 
> ...


If your separation with your spouse was within the legal framework of a country then some document must have been provided to you stating / giving details and right to visit an all for your child. Your agent is correct otherwise many husbands will take this as an opportunity to run away from their wives 

If you can prove that you don't have the legal right over your child and he / she is not a dependant on you and not migrating then it will be easy for you.


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## TheExpatriate (Feb 7, 2014)

_shel said:


> CO will know what is/is not legally available and you will be expected to provide alternative. Though this will need to be also signed by a lawyer or similar.
> 
> Yes your kids need medicals. Reason = if your ex were to drop down dead you would want them in Australia. DIBP want to ensure they meet medical requirements so they do not split families.
> 
> Hysterical type lol  so she wont listen to reasoning? If not have a solicitor write to her with a request, explaining why it is needed. That is then evidence for your application that you have tried and failed, should be accepted.


Hysterical as in she will NOT believe I am not taking them and will not believe I am doing medicals for them just because it's required (many people cannot get the reasoning why you'd do medical to someone who's not going, but I can perfectly understand why they need it) ..... The problem is if I even attempt to talk to her about it, she'll deny me visitation forever and I won't see them again (and yes she can do that back home with our stupid custody laws) .....


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## TheExpatriate (Feb 7, 2014)

chiku2006 said:


> If your separation with your spouse was within the legal framework of a country then some document must have been provided to you stating / giving details and right to visit an all for your child. Your agent is correct otherwise many husbands will take this as an opportunity to run away from their wives
> 
> If you can prove that you don't have the legal right over your child and he / she is not a dependant on you and not migrating then it will be easy for you.


I have the divorce papers which are final and legal, but I do not have any document stating she has custody, because as simple as that, there is no such document in my country in my case (mother getting full custody is automatic), there would've been a document however if I got custody for an exceptional reason such as her being convicted of a felony and accordingly losing custody ......


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## TheExpatriate (Feb 7, 2014)

I have the text of the law with the references to the law number/date and article numbers, I can translate that and if the CO wants to check with my home country's government they could ....... It clearly state that fathers NEVER get custody except in very exceptional cases


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## chiku2006 (Feb 22, 2014)

TheExpatriate said:


> I have the text of the law with the references to the law number/date and article numbers, I can translate that and if the CO wants to check with my home country's government they could ....... It clearly state that fathers NEVER get custody except in very exceptional cases


I think that should do the trick, however I agree with Shel's comments that they would want to check your child's medical condition to see if at all he has to get united with you in the future then there should be any medical challenge..

Translation has to be done by an approved authority, please login into skill select to find the information.


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## TheExpatriate (Feb 7, 2014)

chiku2006 said:


> I think that should do the trick, however I agree with Shel's comments that they would want to check your child's medical condition to see if at all he has to get united with you in the future then there should be any medical challenge..
> 
> Translation has to be done by an approved authority, please login into skill select to find the information.



Hope it does the trick ...... 

About Medical, if my ex-wife declines and insists, I have no legal recourse to do medical to them other than kidnapping them and doing it, which I definitely don't want to do since it will mean I will never see them again  .....


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## _shel (Mar 2, 2014)

Like I said CO know legal requirements of each country. If you are divorced and legally she gets custody CO will know that. Just get a solicitor letter drawn up declaring why you cant get permission from her and CO will be fine with that.


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## chiku2006 (Feb 22, 2014)

TheExpatriate said:


> Hope it does the trick ......
> 
> About Medical, if my ex-wife declines and insists, I have no legal recourse to do medical to them other than kidnapping them and doing it, which I definitely don't want to do since it will mean I will never see them again  .....


There must be a way out to get out of this situation, why don't you ask your agent to help you in this matter. People hire agents to handle the complicated case, they should help you and tell you to how to go about it.

I would like to add one point, please keep all your communications in writing with your ex-wife. This will help you in the future to prove that you took the right course but she didn't agree or gave her consent for the medical of your child. CO's deal with complicated cases all the time and I believe they have their senior CO's as well to guide their juniors.


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## _shel (Mar 2, 2014)

Agree, in writing and preferably through a solicitor. More expense but a paper trail & a solicitor declaration is worth more than your claims as some people lie so evidence is important.


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## MNG2020 (Nov 15, 2016)

TheExpatriate said:


> I have the divorce papers which are final and legal, but I do not have any document stating she has custody, because as simple as that, there is no such document in my country in my case (mother getting full custody is automatic), there would've been a document however if I got custody for an exceptional reason such as her being convicted of a felony and accordingly losing custody ......


Please, till me what did you do in that case because I'm facing the same situation now.
I've two wife and 5 children but I applied for one of them with all my children. Will the CO ask me about the other one which appear at my three sons's Birth Certificate.'


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