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    Parental consent.

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    handyal
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    Re: Parental consent.

    Post by handyal on 31/05/11, 06:03 am

    Hi Brad,
    A slight difference of opinions here for you to pursue, but personally I wouldn't try to contact or locate the father unless it is absolutely necessary. He may have another wife and/or family now and doesn't want his past dragging up.

    Your probably going to have to wait until your actually in Nanning to sort it out but my first course of action would be to establish if your wife to be has sole custody of her son. If she does, then this alone could be enough for Immigration.
    Contact the Australian Embassy in China for advice on the matter explaining that the mother has sole custody and the father abandoned her during pregnancy and his whereabout's is unknown.
    If that's good enough then I wouldn't pursue it any further.

    dontstopmovinbrad
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    Re: Parental consent.

    Post by dontstopmovinbrad on 31/05/11, 06:18 am

    Hi Al,

    I have actually just recently sent an email to the Guangzhou office about sole custody from the court. I explained the situation to them earlier but there was no mention of sole custody from either myself or them in their reply. I like the idea of pursuing the boys grand parents on the father's side though.

    All in all, it's great to now be armed with all this knowledge regardless of the variations!
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    Beijing2008
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    Re: Parental consent.

    Post by Beijing2008 on 31/05/11, 08:10 am

    Brad, I don't understand, does your wife have sole custody or not. That is the most important question.As far as I know that would have been settled in the divorce-deed.
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    davidmckendrick
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    Re: Parental consent.

    Post by davidmckendrick on 31/05/11, 08:46 am

    Hi,
    There is no need to inform the father when you put his name on the birth certificate as the certificate is filled out by the mother or her family.
    Since the husband left when informed of the pregnancy he will not know whether a baby was born or not.
    Since the divorce was while the mum was still pregnant and before the birth there was no need for the court to assign custody of the child. The baby was born after the mum was single again so she will automatically have custody of her child without any court decision.

    David

    dontstopmovinbrad
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    Re: Parental consent.

    Post by dontstopmovinbrad on 31/05/11, 09:34 am

    I think I will just bury Immigration with as much evidence as I can possibly get my hands on, even if what we have as a result of the situation is in fact already enough to satisfy the decision maker. For obvious reasons I'm certain all would agree that too much would be far better than not enough.

    Every-ones input has been very much appreciated, thank-you!
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    chinatyke
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    Re: Parental consent.

    Post by chinatyke on 31/05/11, 01:17 pm

    The Chinese divorce law says:

    Article 34 The husband may not apply for divorce when his wife is pregnant or within one year after giving birth to a child or within six months after terminating gestation. This restriction shall not apply to the case where the wife applies for divorce or the peoples court deems it necessary to accept the application of the husband for divorce.

    Sure she is legally divorced?
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    Chris Seaborn
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    Re: Parental consent.

    Post by Chris Seaborn on 31/05/11, 10:06 pm

    Hi Brad, Yes it's good to get ideas from all, makes this a number one Forum. Now Chinatyke has given you something else to think about! Wow! You're going to have a busy two weeks mate. I'm sure all will be well for you. Please keep in touch, your knowledge will be very important to present and future members.

    Chris.
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    handyal
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    Re: Parental consent.

    Post by handyal on 31/05/11, 11:04 pm

    Hi Brad,
    In China your a foreigner and a rich one at that.

    If you want something from them, such as a signature, then they want something from you, such as money!
    Bare that in mind if you have to pursue the ex husband.

    dontstopmovinbrad
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    Re: Parental consent.

    Post by dontstopmovinbrad on 01/06/11, 01:26 am

    Hi Guys,

    The Visa Office in Guangzhou stated that if the decision maker does not have enough evidence to begin with in regard to Child Custody they will simply request more. I was concerned they would automatically refuse entry with-out sufficient evidence to begin with but apparently this is not the case.

    In regards to the legal marital status of my partner, although not terribly happy about it at the time but through reasons I can respect, she only disclosed the fact that she was married for a short and second time 3 years ago after I explained that she requires her divorce records for her Visa. Initially she kept telling me she could not locate the divorce record from her first marriage(to the boys father) which was obviously ringing a big alarm bell but it has now been found. It is also my understanding (as it is here in Australia) that a chinese citizen is not permitted to be married to any more than one person at a time. If any-one can inform me of this being any different, then yes! I definately have an issue!

    dontstopmovinbrad
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    Re: Parental consent.

    Post by dontstopmovinbrad on 01/06/11, 03:28 am

    I have also physically witnessed the existence of the divorce book from her second marriage (fairly critical piece of info I left out!)
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    davidmckendrick
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    Re: Parental consent.

    Post by davidmckendrick on 01/06/11, 03:50 am

    Since you have seen the divorce from the first marriage - does it say anything about custody or maintenance payments for what was then an unborn child?

    David

    davext
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    Re: Parental consent.

    Post by davext on 01/06/11, 04:11 am

    Hi Brad after following your posts,maybe you should have shopped around as they say and found an easier one LOL maybe you will be 3rd time lucky for her , and you being so young could just about take your pick Smile Davext

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    Re: Parental consent.

    Post by dontstopmovinbrad on 01/06/11, 05:11 am

    Thats the thing Dave, there is a massive choice and I could have easily gone for an easier option (lady with no kids, never been married) but thats not how I'm wired. I made a choice and unless there is a valid reason for walking away and so far there is most definately not, I will follow this through. I have met and spent some quality time with this lady and her son and thoroughly enjoyed every minute. How could I possibly know what I would miss out on if I bailed now and if I went for an easier option how could I possibly know it would work out? Life itself is a gamble right?
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    handyal
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    Re: Parental consent.

    Post by handyal on 01/06/11, 06:27 am

    Hi Brad,
    Sounds like your making your Visa application straight after your marriage, in which case your girlfriend should be getting all her documents translated into English. Until you arrive there and can view the English translations will you know the correct facts.

    Usually when divorcing and a child is involved the Courts make a 'Civil Mediation Agreement' which details the custody of the child and any maintenance.

    When my wife divorced, the Court automatically granted custody of her son to his father, but then made a maintenance order against the father because the son was actually remaining with his mother. That would never happen in the UK or Australia.

    When my wife initally came to the UK the father refused permission for their son to join us. Fortunately he was in a full time boarding school environment. Later he decided he could be persuaded for the right amount 's. We combated that with the threat of legal action and to claim all the unpaid maintenance and education costs from him. That cancelled the financial demands but he was only finally persuaded to give permission after a visit by a relative who had served in the Chinese military for many years and was now a high ranking police official.
    He must have said 'please'. LOL.

    dontstopmovinbrad
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    Re: Parental consent.

    Post by dontstopmovinbrad on 01/06/11, 06:47 am

    Hi Al,

    1)Any idea how long it takes to get translations done?
    2)How much we should reasonably expect to pay to have them done?
    3)Which documents have to be notarized before translated? ie. Non-gov. docs only or both?

    From all the info posted it appears the custody/migration of the son is just going to be a step-by-step process. I'm confident we'll get there eventually.

    Cheers,
    Brad.
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    Beijing2008
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    Re: Parental consent.

    Post by Beijing2008 on 01/06/11, 09:09 am

    dontstopmovinbrad wrote:Hi Guys,

    The Visa Office in Guangzhou stated that if the decision maker does not have enough evidence to begin with in regard to Child Custody they will simply request more. I was concerned they would automatically refuse entry with-out sufficient evidence to begin with but apparently this is not the case.

    In regards to the legal marital status of my partner, although not terribly happy about it at the time but through reasons I can respect, she only disclosed the fact that she was married for a short and second time 3 years ago after I explained that she requires her divorce records for her Visa. Initially she kept telling me she could not locate the divorce record from her first marriage(to the boys father) which was obviously ringing a big alarm bell but it has now been found. It is also my understanding (as it is here in Australia) that a chinese citizen is not permitted to be married to any more than one person at a time. If any-one can inform me of this being any different, then yes! I definately have an issue!
    Chines law is according to our laws.But in our liberal NL you are allowed to have lawfull cohabitation with more partners, male/female Rolling Eyes
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    chinatyke
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    Re: Parental consent.

    Post by chinatyke on 01/06/11, 09:36 am

    dontstopmovinbrad wrote:Thats the thing Dave, there is a massive choice and I could have easily gone for an easier option (lady with no kids, never been married) but thats not how I'm wired. I made a choice and unless there is a valid reason for walking away and so far there is most definately not, I will follow this through. I have met and spent some quality time with this lady and her son and thoroughly enjoyed every minute. How could I possibly know what I would miss out on if I bailed now and if I went for an easier option how could I possibly know it would work out? Life itself is a gamble right?

    Well said Brad. It looks like we are giving you a hard time but that isn't our intention. Personally I'm delighted that you can vastly improve the quality of life for this lady and her child and wish you good luck for the future.

    Graham

    davext
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    Re: Parental consent.

    Post by davext on 01/06/11, 09:45 am

    Hi again as Graham said we or rather i was not giving you a hard time / just trying to lighten up the posts as you were being bombarded with all the heavy stuff Smile Davext

    dontstopmovinbrad
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    Re: Parental consent.

    Post by dontstopmovinbrad on 01/06/11, 10:15 am

    davext wrote:Hi again as Graham said we or rather i was not giving you a hard time / just trying to lighten up the posts as you were being bombarded with all the heavy stuff Smile Davext

    It was definately much more than I was expecting that's for sure but I know it is all for the best. Who know's!? this could all save an un-suspecting guy his life savings!

    dontstopmovinbrad
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    Re: Parental consent.

    Post by dontstopmovinbrad on 01/06/11, 10:19 am

    davext wrote:Hi again as Graham said we or rather i was not giving you a hard time / just trying to lighten up the posts as you were being bombarded with all the heavy stuff Smile Davext

    Thanks Graham Very Happy All is well.
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    Chris Seaborn
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    Re: Parental consent.

    Post by Chris Seaborn on 01/06/11, 11:30 am

    Hi Brad, I think your lady is going to get the man of her dreams. Someone who will respect, love and support her and her child. Believe it when I say, you do this and it will repaid 10 times. You, therefore, are going to be a very lucky man too.

    Two weeks? Not a long time mate. All documents need to be translated into English and stamped to prove that they are true copies and translations for your ladies visa application. Not sure of the cost but usually to get it done quickly you will have to pay a premium. I found this out the day before my wedding. I had all my 'wedding' documents translated into mandarin in Nanning, I was getting married in Guilin. Yep! The Guilin marriage office didn't trust Nanning's translation so we had to get them done again...fast! We paid the premium price! LOL.

    I know what you're saying re the Australian consulate, but they didn't really give you a positive answer did they? Go prepared. The effort now could save heaps of money later and time now. If, when her application is received they want more proof re her son, your wife's visa application goes on hold. Don't skimp, with anything to do with visa applications more is better. You and your (wife) know everything is right, but they don't, they have to be convinced. Australia has been embarrassed over the years, with children being whisked away or to this country against one of the parents will. They will need to be convinced. You may not be there to collect and arrange these documents, are you sure your lady will be able to manage... stupid question really, Chinese women can manage, and she has something she has dreamed of and never thought possible. YOU!

    Are you making plans to return to China in the near future?

    Cheers,
    Chris.
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    Beijing2008
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    Re: Parental consent.

    Post by Beijing2008 on 01/06/11, 12:50 pm

    I only can speak for NNG; if you have documents Translating and legalisation at Notary Public office; 3 days, MFA 2 days, Consulate; 2 days. Than you have the costs to travel to CAN consuklate, and stay there for 2 days.
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    handyal
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    Re: Parental consent.

    Post by handyal on 01/06/11, 08:42 pm

    dontstopmovinbrad wrote:Hi Al,

    1)Any idea how long it takes to get translations done?
    2)How much we should reasonably expect to pay to have them done?
    3)Which documents have to be notarized before translated? ie. Non-gov. docs only or both?

    Cheers,
    Brad.

    Hi Brad,
    For marriage all the documents must be in Chinese so only your documents need to be translated.
    For the Visa application all the documents must be in English so only her documents need to be translated.
    Some translations can be done within 24 hours, others 3 - 7 days. Getting your CNI and divorce documents translated for your marriage should only take 24 hours and cost around 100 - 150 RMB per page. The marriage office have preferred translators so ask them who is acceptable.

    Translations for Visa applications are better to be completed by a Notary Public because they are also notorised. They take the form of a 3 or 4 page booklet but can cost 300 RMB. Request at least 2 copies as well as the original. They come in handy back in Aus.

    Although she is the applicant the vast majority of documentation will be provided by yourself because you are her sponsor.
    She will need to get the following translated and notorised:
    1. Marriage book.
    2. Divorce document.
    3. Hukou.
    4. 2 x Birth certificates
    5. Any court 'Civil Mediation Agreement' or 'Maintenace Agreement'.
    6. Any other Chinese document you consider relevant.
    Passports and ID cards do not need translations.

    I can e-mail you a sample of a document prepaired by a Chinese Notary Public if you wish.

    I believe the Australian Embassy is somewhat different than the UK one in so far as they only request copies of documents, not the originals. Take copies of everything you submit and keep all documents as they are used again at a later stage in Aus.

    If any member can think of anything else his girlfriend may need to translate please add it to the list.
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    Chris Seaborn
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    Re: Parental consent.

    Post by Chris Seaborn on 01/06/11, 10:10 pm

    You've just about nailed it Alan, except Brad may need to have to get his marriage book translated into English for the application. If not now, for future use in Australia.

    Yes, only send copies of documents with the application.Originals may be requested if the copy needs to be verified. Don't forget to copy the visa application...they can get lost!

    Sort the documents in order as they are needed in the application, this makes it easier for the case officer to follow.

    Other papers, that relate to your relationship,photos, tickets, hotel bills etc I shouldn't bother to copy those, if however you want to keep them, photocopying, outside of the hotel's office (which can be expensive) is cheap.

    Good luck Brad, it will be a busy time for you, be patient,laugh a lot, and enjoy the company of your lady.

    Cheers,
    Chris and Ying.

    Atta_butt
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    Re: Parental consent.

    Post by Atta_butt on 20/06/11, 03:52 pm

    Useful information. Its first time I learnt about this situation.

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