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Old 15.10.2015, 20:55
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Family court

Hi EF,

I am looking for a family court where I can get confirmation that I have sole custody of my 15 year old son since birth. He has already started school in Australia and is living with my sister and her husband and 2 kids.

I did send court papers from Ghana proving my sole custodianship since I wasn't married to his dad as well as 2 affidavits giving permission for him to live, travel and school in Australia with my sister and her family. Now I get sent this:

Request Detail
Evidence that an applicant under the age of 18 years can be granted a visa

For any child under the age of 18 who will not be travelling with both parents or legal guardians if this visa is granted, please provide a completed and signed Form 1229 Consentform to grant an Australian visa to a child under the age of 18 years or a statutory declarationfrom each affected parent/legal guardian not included in the application.The statutory declaration should detail the parent’s or guardian’s permission for the child orchildren to be in Australia in your care. In addition to the form or the statutory declaration,please provide the current passport signature page, identity card or driver’s licence bearingthe non-travelling parent’s or guardian’s signature for the purposes of signature comparison.Please also note we require a custody court order offically used frrom a family court of yourcountry confirming sole custody.
.....

and it's very frustrating as I was told at the courthouse in Zurich near Langstrasse, by the Migros there that since I had't any case brought before them, they could not grant me what I asked.

The second problem is, his dad dropped communication with us since 2010 and refused to respond to any calls to his then number or his emails which told us that he wanted nothing to do with us. I have no idea where he is no do I want to dig to find his whereabouts, which would not end well.

Does anyone have any idea how I can proceed with this so that my son can continue his education uninterrupted at my sister's?

Thanks
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Old 15.10.2015, 22:04
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Re: Family court

You will have to deal with the Aussies, it has nothing to do with CH.

Tom
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Old 15.10.2015, 23:36
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Re: Family court

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You will have to deal with the Aussies, it has nothing to do with CH.

Tom
I do not thing so, if both guardians are resident here then from what I recall the minor is also considered to be under this jurisdiction as well. So a Swiss court order would be correct from the Aussie point of view if they are to issue a visa.

OP I suggest you seek legal advice.
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Old 16.10.2015, 08:04
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Re: Family court

But from the sounds of it the father isn't. The original court papers came from Ghana so that suggests to me the father is still there while the mother is here.

Why is he at school in Australia and not here in Switzerland with you though? Is this a recent move for him from Switzerland and does he has a Swiss permit that's been put on hold? Because if he doesn't then when he reaches the age of 18 he ceases to be your dependent if you're thinking of family reunification later on.

https://www.ch.ch/en/family-reunification/

Only children under age 18 would qualify so if he doesn't have a Swiss permit you will not be able to get him back into Switzerland in a few years' time.
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Old 18.10.2015, 21:38
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Re: Family court

My son and his dad are Swiss. Since he was two months old, we have lived alone without his dad in Ghana. Dad left and married someone else and I raised my son alone till I got married to a Ghanaian when he was 7. We came to live with my husband in CH.

My son is done with the dritte sek and didn't get a Lehrstelle. As I was about to send him for further schooling in Ghana, my sis offered that he schools in Australia. Now I need a court here that would state that I have sole custody of my son, but the one in Zurich tells me that since we haven't brought a case to them, they can't offer me this document. So says the lady behind the reception counter. I am just not sure how to approach this at all.

If anyone has an idea or an advice that will help us, I'll be grateful. Thanks.
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Old 18.10.2015, 22:37
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Re: Family court

Since you are already in CH, couldn't you track the dad down and invite him to court for a declaration?

Does Ghana have a law where if a parent abandons the family (in this case a son), they give up their parental rights? Does Switzerland?

Somehow it sounds like you raised your son here. Isn't it easier to ask the court? Someone else already suggested that.

Mixed and blended families headaches. Hypothetically, what would have happened if your current husband wanted to adopt your son? My common sense tells me that you two would have had to produce THAT PAPER the Aussies are asking for - the proof that you have the sole custody of your son.

Good luck, and all the best to your son!
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Old 18.10.2015, 22:51
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Re: Family court

The majority of the things they are asking for are about confirming your sister has permission for your son to be with her (not you), with the sole custody bit not the main focus. Do you think it is possible that the Australians have simply overlooked the fact that you already provided the Ghana sole-custody confirmation?

(I'd be tempted to simply re-send that to them and let them tell you what it is they expect if that is not enough).

Good luck.

Last edited by AliceInWinterland; 18.10.2015 at 22:59. Reason: misread question
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Old 19.10.2015, 22:12
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Re: Family court

Thanks everyone for the advice and suggestions given. At the moment, it is my sister who has to produce the papers from court that she now has custody for my son. This should help the situation as I have sent all the documents from CH giving her the permission she needs over him.

EF does feel like a family and I am grateful for all the useful informations I have so come to cherish over the years.
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