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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14357
Experience:  I did my law degree at the University of Queensland
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Hello, this is regarding a close colleague at work who is going

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Hello, this is regarding a close colleague at work who is going through a messy divorce. they are both citizens of another country however they are now permanent residents in Australia. The husband is back in the home country while the mother and daughter have decided to settle in Australia. now as they are on the verge of a settlement for the divorce, the husband has indicated he has, through online applications placed some restrictions on the daughter's visa/pass. This has stressed out the mother as they were planning to go home for a couple of weeks, however now the father has indicated he can control their exit from Australia. we are located in Brisbane. can you advice how she can check on her and her daughter's Australian permanent visa conditions to ensure that there are no unknown conditions which restricts either their exit or entry to Australia?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
can you advice how she can check on her and her daughter's Australian permanent visa conditions to ensure that there are no unknown conditions which restricts either their exit or entry to Australia?

The father would need to apply to the Court for an order that his daughter be placed on the Watch List in order to prevent the mother from taking the child out of Australia. This is not something that can be done online, and if the father were to make such an Application to the Court, the mother would need to be served with the Court documents. So she wouldn't be taken by surprise, and would have the opportunity to appear in Court to fight such a restriction on her daughter.

In other words what the father is saying is hogwash, its untrue. The mother can leave Australia with her daughter whenever she likes.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14357
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

Apologies for the late approval, things were a bit crazy on a monday!


 


Thank you for your response, it is what we were expecting and the father is trying to pressurise the mother into a settlement solely on his terms.


 


Can you advise if it is possible to check with DIAC or any right authority if anybody has applied for any "conditions" on the visa? The concern is before they plan to go on holiday to thier home country, we wanted to make sure there were no surprises at the immigration check in the airport saying the person cannot exit and so on and so forth.


 


Once again, greatly appreciate your advise.

Expert:  Brisbane-Lawyer replied 1 year ago.
No problem.

The only conditions on a person's visa will be listed on the visa itself. Usually it is a number, but if you call DIAC they can give you the list that corresponds to the numbers.

Also, if you want to make extra sure, you can call the Australian Federal Police and ask them who is on the Watch List.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14357
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you

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