# My X will not sign form 1229 - URGENT!



## ilalang (Sep 5, 2013)

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 it’s 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


----------



## Maggie-May24 (Jul 24, 2011)

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.


----------



## ilalang (Sep 5, 2013)

maggie-may24 said:


> 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?


----------



## Inkhearted (Dec 4, 2011)

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!)


----------



## Aussieboy07 (Jan 4, 2013)

ilalang said:


> 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 it's 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.
> ...


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


----------



## ilalang (Sep 5, 2013)

Inkhearted said:


> 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.


----------



## ilalang (Sep 5, 2013)

Aussieboy07 said:


> 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.


----------



## ilalang (Sep 5, 2013)

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.


----------



## CollegeGirl (Nov 10, 2012)

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.


----------



## ilalang (Sep 5, 2013)

CollegeGirl said:


> 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. That's 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.


----------



## Maggie-May24 (Jul 24, 2011)

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.


----------



## Aussieboy07 (Jan 4, 2013)

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


----------



## ilalang (Sep 5, 2013)

Aussieboy07 said:


> 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,


----------



## Sydney89 (Oct 27, 2014)

CollegeGirl said:


> 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


----------



## ToyTowner (Dec 12, 2014)

<nevermind>


----------



## Maggie-May24 (Jul 24, 2011)

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.


----------



## wrussell (Dec 31, 2014)

Have you consulted a registered migrationn agent?


----------



## ToyTowner (Dec 12, 2014)

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.


----------



## in2aus (Mar 6, 2015)

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.*


----------



## IndyMama (Jul 13, 2014)

in2aus said:


> 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.


----------



## in2aus (Mar 6, 2015)

IndyMama said:


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


It's mentioned in the documents checklist page on immi website as follows:



> Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (125 kB PDF file). If you use this form, you will have to attach a *certified copy* of the other parent's government issued identification document (such as a passport or driver's licence) with their photograph and a signature.


----------



## IndyMama (Jul 13, 2014)

in2aus said:


> It's mentioned in the documents checklist page on immi website as follows:


Agree you need to provide a copy of the other parents ID showing their signature (presumably for comparison of the signature on the form) but you don't need any language to go with the copy of the ID. Also, if you apply online, for other ID docs you can use color scans that don't need to be certified. Not sure if this acceptance also applied to ID for the other parent signing the 1229.
I plan to have both my and my ex's signatures on the 1229 witnessed.


----------



## Mish (Jan 13, 2013)

All you need is the form 1229 and certified ID (colour scan of original if applying online). You don't need to do additional work by doing an additional statement as the form 1229 is allowing the child to migrate overseas so you don't need any further statements.


----------



## IndyMama (Jul 13, 2014)

Mish said:


> All you need is the form 1229 and certified ID (colour scan of original if applying online). You don't need to do additional work by doing an additional statement as the form 1229 is allowing the child to migrate overseas so you don't need any further statements.


Yeah what Mish said! Nice and succinct


----------



## in2aus (Mar 6, 2015)

Thanks all.


----------



## ampk (Sep 21, 2013)

We had a bit of drama with form 1229. We contacted his family and said in kids best interest and ask them to help, We constantly asked him - at times he agreed but then refused, I rang a debt collector to mention no paid child support so I will pay your fee but only want signature on form 1229 ( seems they thought I wanted a HIT on him), We started deprived rights in court, I offered my fiancé to pay him (she refused, in the end he just signed.

Then about 3 weeks later he made a $300 USD payment to the kids - his first ever they are 11 and 12! That scared us but now they are all here.


----------



## Tryme5 (Feb 22, 2015)

Hi there.. What's the other option for 1229?


----------



## ampk (Sep 21, 2013)

Statement of Consent-
To maintenance of a child (children) For the departure to a permanent place of residence (PPR) 

is what it is called in The Republic of Kazakhstan,


----------



## Tryme5 (Feb 22, 2015)

Hi college girl ... Please help me too.. With the similar problem... Regarding form 1229.. My step sons father hasn't seen him for the last 4 years.. And he is somewhere in Africa.. And the situation is not in talking terms... 
Now, child has been living with her mum 100%,
What can be the solution ?


----------



## Mish (Jan 13, 2013)

Tryme5 said:


> Hi college girl ... Please help me too.. With the similar problem... Regarding form 1229.. My step sons father hasn't seen him for the last 4 years.. And he is somewhere in Africa.. And the situation is not in talking terms...
> Now, child has been living with her mum 100%,
> What can be the solution ?


I am not CG but ... you will probably need help with this from a migration agent unless you want to try it alone (but I wouldn't advise that).

If you can't get the 1229 form signed you need to show that that you have tried to find/contact them. This can include emails to his family, newspaper advertisements in where you think he is, facebook, google, friends etc. They need to see you have tried everything.

It all comes down to the custody agreement to what the case officer will require. A migration agent will be able to look at the custody agreement and advise you.


----------



## wrussell (Dec 31, 2014)

Tryme5 said:


> Hi college girl ... Please help me too.. With the similar problem... Regarding form 1229.. My step sons father hasn't seen him for the last 4 years.. And he is somewhere in Africa.. And the situation is not in talking terms...
> Now, child has been living with her mum 100%,
> What can be the solution ?


I suggest you consult a registered migration agent to be clear about the requirements in your particular circumstances.


----------



## CollegeGirl (Nov 10, 2012)

^^^I fully agree - I'd highly suggest using a MARA-registered agent in your case. You don't want to risk having your visa rejected.


----------



## Tryme5 (Feb 22, 2015)

Hi can u suggest any MARA agent please in perth? Thanks


----------



## Tryme5 (Feb 22, 2015)

Hi there... How are you all?
I have applied for my partner 461 SC, I hv under 18 years secondary applicant as my step son in there too.
I have been living in Australia since 2011(3.5years), and I hv lived in New Zealand for 8.5 years , before than I was in India..
Will I be needing police clearance from all these countries? Or I wait till CO ask me?


----------



## Mish (Jan 13, 2013)

Usually they just ask for AFP from the sponsor.


----------



## Tryme5 (Feb 22, 2015)

Thanks for reply ... AFP.. You mean only Australian police check? 
I hv already got that done... That's great... So I don't need one from New Zealand?
As I spent more than 12 months there in the last 10 years?
Thanks


----------



## Mish (Jan 13, 2013)

Tryme5 said:


> Thanks for reply ... AFP.. You mean only Australian police check?
> I hv already got that done... That's great... So I don't need one from New Zealand?
> As I spent more than 12 months there in the last 10 years?
> Thanks


I am pretty sure the 10 years is only for application. The AFP (Australian police check) is make sure the sponsor isn't a pendafile or something like that. They are looking out for the interest of the child.

I haven't heard of anyone getting asked for other countries. If they do they will ask.


----------



## Tryme5 (Feb 22, 2015)

Much appreciated.. 
Could you please tell me in this scenario ... What is family tree diagram...?


----------



## Mish (Jan 13, 2013)

Tryme5 said:


> Much appreciated..
> Could you please tell me in this scenario ... What is family tree diagram...?


I imagine it would be a family tree, but not 100% sure ... sorry.


----------



## Tryme5 (Feb 22, 2015)

Hi there .. For SC461,got 2 form 888 from Australian and statements on plain paper 4, and 2 affidavits from parents... 
Are they enough?


----------



## Mish (Jan 13, 2013)

Tryme5 said:


> Hi there .. For SC461,got 2 form 888 from Australian and statements on plain paper 4, and 2 affidavits from parents...
> Are they enough?


That should be fine.


----------



## Tryme5 (Feb 22, 2015)

Thanks mish
Hi there
For SC 461- in the checklist it says.. We need to fill form 147, 
Do we need to fill form 40 SP AND 47sp too??
Thanks


----------



## Mish (Jan 13, 2013)

The 40 and 47 are for the partner visa not the 461.


----------



## Tryme5 (Feb 22, 2015)

That's great... One agent confused me that I m filling 461 for my wife and step son... But it is still partner visa so you have to fill 40sp... 
That's why I wanted to confirm ... 
Thank u very much ..


----------



## Tryme5 (Feb 22, 2015)

As its for nz family relationship visa 461.. But for my partner ..to Australia ... 
So definitely you sure that I don't need 40 sp? 
Just double making sure... I would appreciate your answer. 
Thanks


----------



## Tryme5 (Feb 22, 2015)

Good news...Finally ex signed the 1229 form.
He sent scanned passport copy too..
We only sent him second page.. Part B. As he didn't hv to fill anything on page one-part A...
Now, we will fill part A and Part B... And send it ...
Is there anything else need to go with it?
Thanks


----------



## Tryme5 (Feb 22, 2015)

Do we need 2 photo ID with 1229 or one is enough if it is passport


----------

