# How to stop my ex getting an Australian visa?



## dubinamerica (14 Jan 2013)

My estranged husband is planning to leave the country to move to Australia. I am not receiving maintenance, he will not sign over the family home and has no plans to contribute. We have young children and he has regular court ordered access having sought this through the courts. 

Apparently he is being sponsored by an employer and heading off. What can delay/stop this? If he has a circuit court date? If he has outsanding debts? He is basically stepping away and leaving me to pick up this mess but I cannot get mortgage interest supplement and cannot even withdraw money from our savings as he put a lock on that.. It is a nightmare... How on earth can he actually obtain a visa in this situation?? 

Any help would be appreciated.


----------



## Brendan Burgess (14 Jan 2013)

Hi dub

This is a terrible situation ok, but I doubt if the Australian authorities would be interested. You could check the Oz visa requirements. Do they ask if a person is solvent? I suspect that they don't. 

What does your solicitor say?

Can I suggest that you do a case study format in the Mortgage Arrears forum.  You probably  need to switch to interest only. You have asked a question elsewhere about your credit record. Unfortunately, I think you are going to have to just let it go. 

Brendan


----------



## Importer (14 Jan 2013)

That's very difficult.

If I was in your shoes, I'm not sure Id put my energies into stopping him.
If you did manage to stop him going to OZ, there are loads of other countries he can go to instead. Stopping him will only add to the resentment
and will most likely not bring you any closer to solving your problems

Is there any way you could get to talk to him before he goes either directly or through an Intermediary where you could at least attempt to sort out the practical matters that need to be sorted - money,property, children etc


----------



## Time (14 Jan 2013)

Australia will not interfere with matters that do not concern them.


----------



## Sue Ellen (14 Jan 2013)

Hi dubinamerica,

Sorry to hear about the horrific problems you are having.

To try to get you the best and most helpful answer I have moved your  thread to the Askaboutlaw forum.  A copy will remain in the Emigration  one also, for a month, so hopefully this will help.

S.E.


----------



## Ann1 (14 Jan 2013)

If he goes to Australia he will have to pay you child maintenance if an Irish Court Order has been issued against him for child maintenance.  Ireland and Australia have a reciprocal agreement in place. As soon as he is issued with a Tax File Number and commences work he will be contacted by the Child Support Agency. 
http://guide.csa.gov.au/part_1/1_5_1.php#reciprocating


----------



## Bronte (15 Jan 2013)

There is no way that you can stop him, but you should try and come to an arrangement with the bank, that he signs documents that will help your situation maybe.  Maybe he renouncing any interest in the house.  You'd really need legal advice on how to proceed.


----------



## dubinamerica (19 Jan 2013)

Great, thank you all for the good advice. I had a brief meeting with my solicitor last week and have completed an affidavit of means. I think he'll get that served and then look for an interim maintenance order. I hadn't realized that he would have to pay maintenance from Australia. I will definitely follow up on this with my solicitor. At present my ex is refusing to sign over the house or discuss any settlement. He has taken our family car and left me with a tiny one (unfortunately that's the one that was in my name). I have had such a horrific week but starting to feel better as each thing happens. I will follow up about the maintenance for sure and I'll be sending in the standard financial statement to the bank first thing next week and provide a letter as well. I've phoned them but there was nothing they could suggest except to get that back to them. I may have a job opportunity and wanted to wait for that but I'm going to fire this ahead for now and not delay any longer.  Thanks again


----------

