Visa Application - Custodial access or guardianship rights to this child

[Marcos Albuquerque]

Hi Mystic,

I'm not sure if I made a huge mistake or not... On the Application form, when lodged my 190 visa, I answered the following for my daughter under "Child custody details" section :

1- Is this family member a child under 18 years of age? Yes
2- Is this child in the primary applicant's care and legal custody? Yes
3- Does any other person have custodial, access or guardianship rights to this child? No
4- Are there any legal impediments to this child's travel? No

Critical Data Confirmation
Migrating family members
All information provided is important to the processing of this application. If the information included on this page is incorrect, it may lead to denial of permission to board an aircraft to Australia, even if a visa has been granted.
Confirm that the following information is correct and that it is in the correct fields.
Is the above information correct? Yes

For 3) Should I have answered 'Yes' and put my wife's name as well?

From the text underlined above, Would my wife have any problems about our daughter's custody during boarding a plane to Australia and/or crossing Oz Immigration ? Just in case I'm not present with them and she brings our child with her, I have concerns about this particular situation. If it is a problem, what do you recommend? Say/notify Immi to change any record history for this (now or probably after granting a visa)?

Thanks!

 

[MysticRiver]

Frankly, I am not very much familiar with this particular situation. From my understanding, I would suggest you to email to your CO/Immi stating that you were not totally sure about that question, so request for clarification. I think they will change it if required, without any hassle.

If you plan to notify after grant, you should make the case such that your wife gains that right recently (after visa grant). Otherwise it won't make sense, right?

So, if I were you, I would notify now.

 

[Marcos Albuquerque]

Thanks Mystic. Once a CO is allocated to my application, I'll tell him/her about this.

 

[Marcos Albuquerque]

Hey Mystic,

Good news, I guess.

Looking through the Wife's requirements (for Custody Evidences), I found the following comments:

Provide evidence of any custody, guardianship or parental responsibility arrangements relating to the child. This may include documents such as court orders and adoption papers.
For Visa applications
For each child under the age of 18 not travelling with both parents or legal guardians, one of the following must be provided:

• A court order (or similar) stating you have sole custody of, or responsibility for the child, and the right to determine where the child should live.
• A letter from each parent or legal guardian not included in the application, that gives permission for the child to be in Australia in your care. This letter should include a copy of the non-travelling parent or guardian's personal particulars (biodata) page of their current passport.

So, I don't think I have an issue but anyway I'll double check with the assigned CO later.

I've uploaded all documents (total of 43) to the Immi system, except PCC and Medicals.

 

[MysticRiver]

Yaa, I guess that pretty clear. I don't think there will be any issue even if you don't notify them.

However, like you said, I think it's better to get it sorted with CO. From my experience, it's a very minor issue that can be solved without any question.

 

[weiliangng]

Hey Mystic,

Good news, I guess.

Looking through the Wife's requirements (for Custody Evidences), I found the following comments:

Provide evidence of any custody, guardianship or parental responsibility arrangements relating to the child. This may include documents such as court orders and adoption papers.
For Visa applications
For each child under the age of 18 not travelling with both parents or legal guardians, one of the following must be provided:

• A court order (or similar) stating you have sole custody of, or responsibility for the child, and the right to determine where the child should live.
• A letter from each parent or legal guardian not included in the application, that gives permission for the child to be in Australia in your care. This letter should include a copy of the non-travelling parent or guardian's personal particulars (biodata) page of their current passport.

So, I don't think I have an issue but anyway I'll double check with the assigned CO later.

I've uploaded all documents (total of 43) to the Immi system, except PCC and Medicals.

I was going Shhhhh*t when you posted the previous query, lucky you found this piece of info, thanks so much mate!

 

[Marcos Albuquerque]

I was going Shhhhh*t when you posted the previous query, lucky you found this piece of info, thanks so much mate!

Sure.... and sorry for the panic I caused in you, mate.

I was very detailed on my application submission, re-read Form 80 and other evidences from the beginning to end, a bunch of times before clicking 'Confirm'

 

[weiliangng]

Sure.... and sorry for the panic I caused in you, mate.

I was very detailed on my application submission, re-read Form 80 and other evidences from the beginning to end, a bunch of times before clicking 'Confirm'

no worries, mate! thanks again for the info

its like sitting for an exam with a very long duration... and it came to a point where i just say to myself, "i had enough, i'm submitting this now!"

 

[Mary]

Hi @MysticRiver I am new to this forum. Even were are in same situation as above. Incorrectly mentioned "no" for child custody details while lodging 189 visa application.should we use form 1023 to notify them.will it have any negative impact on the proceessing time.Thanks for your help..

 

[MysticRiver]

Yes, you should send Form 1023 to notify any incorrect answer. It won't have any different impact than the case if you mentioned this initially.

 

[chokz]

Hi guys,
so its ok to answer No for this question and there is no need to declare for my spouse? thanks
3- Does any other person have custodial, access or guardianship rights to this child? No

 

[MysticRiver]

If you have full custody of your children, then you should answer no. Usually, partners have shared guardianship unless a court order can be provided.

 

[Syamjith]

Hi guys,
I'm in the process of lodging visa and looking for help for the below section:

Is this family member a child under 18 years of age? Yes

Is this child in the primary applicant's care and legal custody? Yes

Does any other person have custodial, access or guardianship rights to this child? ?

Are there any legal impediments to this child's travel? No

What should I be answering for the 3rd question - "Does any other person have custodial, access or guardianship rights to this child?"
My PR application is for me (primary), my wife and our daughter and we plan to move together.

Thanks in advance.

 

[MysticRiver]

Under normal circumstance, you should answer Yes and add the mother's name as joint guardian.

 

[Syamjith]

That helps. thank you @MysticRiver

 

[Anonym7]

Hey Mystic,

Good news, I guess.

Looking through the Wife's requirements (for Custody Evidences), I found the following comments:

Provide evidence of any custody, guardianship or parental responsibility arrangements relating to the child. This may include documents such as court orders and adoption papers.
For Visa applications
For each child under the age of 18 not travelling with both parents or legal guardians, one of the following must be provided:

• A court order (or similar) stating you have sole custody of, or responsibility for the child, and the right to determine where the child should live.
• A letter from each parent or legal guardian not included in the application, that gives permission for the child to be in Australia in your care. This letter should include a copy of the non-travelling parent or guardian's personal particulars (biodata) page of their current passport.

So, I don't think I have an issue but anyway I'll double check with the assigned CO later.

I've uploaded all documents (total of 43) to the Immi system, except PCC and Medicals.

Do you uploaded anything for wife's custody? What you informed the CO? Please discuss wording. Also inform have you granted the visa? I want to know the correct answers to these questions in order for clarification. Hence, please inform here.

 

[Anonym7]

Hey Mystic,

Good news, I guess.

Looking through the Wife's requirements (for Custody Evidences), I found the following comments:

Provide evidence of any custody, guardianship or parental responsibility arrangements relating to the child. This may include documents such as court orders and adoption papers.
For Visa applications
For each child under the age of 18 not travelling with both parents or legal guardians, one of the following must be provided:

• A court order (or similar) stating you have sole custody of, or responsibility for the child, and the right to determine where the child should live.
• A letter from each parent or legal guardian not included in the application, that gives permission for the child to be in Australia in your care. This letter should include a copy of the non-travelling parent or guardian's personal particulars (biodata) page of their current passport.

So, I don't think I have an issue but anyway I'll double check with the assigned CO later.

I've uploaded all documents (total of 43) to the Immi system, except PCC and Medicals.

Please inform have you uploaded anything here in evidence of custody section?
I am in a similar situation and want to know from your experience. Have you granted visa?