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BANGKOK 13 November 2018 09:19
JohnGordon

Australia - Departure Prohibition Order

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Hi,

 

hope someone here can help, I'm desperate.

 

I've been dating a Thai woman here is Melbourne for more than a year. We hope to get married but first I need to travel to Thailand to meet her family. Her family are middle-class and live in Rayong.

 

We planned to go last year and I bought the tickets from Melbourne to Bangkok.

 

Problem was that I told the ex about this, she got jealous and contacted the Child Support Agency who hit me with a Departure Prohibition Order so I can't leave the country. There is a dispute with the ex over the child support debt and she is using the DPO to hurt me and for leverage in the dispute.

 

I asked the CSA for a Departure Authorisation Certificate for a single trip to her the Thai family but the CSA knocked me back. They said that I could have a DAC on humanitarian grounds if I could prove that meeting the Thai family was essential to getting engaged or married.

 

Any suggestions on how I could prove this, or any other ideas?

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The debt is $45k. If I had it I'd pay it.

 

The dispute is that I bought the ex a new car for $25k a couple of years ago on the basis it would be offset against the CSA debt. Then she turned around and refused to do this, saying she wanted both the car and the cash,  so I stopped making CSA payments and the debt has grown to $45k

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13 minutes ago, JohnGordon said:

The debt is $45k. If I had it I'd pay it.

 

The dispute is that I bought the ex a new car for $25k a couple of years ago on the basis it would be offset against the CSA debt. Then she turned around and refused to do this, saying she wanted both the car and the cash,  so I stopped making CSA payments and the debt has grown to $45k

Shame about the car business but maybe you should have been puting money aside each month, in a separate account, then at least you'd have the $20k balance to offer.

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Live and you learn. I should have got an agreement in writing but made the mistake of relying on a verbal agreement.

 

Now I'm trying to get out of this corner.

 

Anyone with experience of Departure Authorisation Certificates?

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40 minutes ago, JohnGordon said:

Live and you learn. I should have got an agreement in writing but made the mistake of relying on a verbal agreement.

 

Now I'm trying to get out of this corner.

 

Anyone with experience of Departure Authorisation Certificates?

Never heard of DAC's, nevertheless I hope you find a positive way out of your predicament.

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1 hour ago, JohnGordon said:

Live and you learn. I should have got an agreement in writing but made the mistake of relying on a verbal agreement.

 

Now I'm trying to get out of this corner.

 

Anyone with experience of Departure Authorisation Certificates?

I've had some dealings with DPO's.

 

In my experience, they aren't just granted overnight by CSA so the debt must've been accumulating over a decent period

of time IMO. You said the car was $25 000 and the debt has now doubled so seems it's been going on for a while.

 

My understanding is that you should make an arrangement to start paying off the debt (assuming it's correct)

or you're pretty much screwed.

 

The CSA don't always apply for DPO's, so there might not have been one in place until you mentioned to your ex your plans,

which in hindsight wasn't a great idea.

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Definitely agree with "loose lips sink ships" but I thought we were on good terms.

 

The DPO came through about 4 days after I told her so it's a safe bet she made a call.

 

I've got a repayment plan with the CSA which is upto date but still no joy getting a a DAC or the DPO lifted.

 

At the CSA most staff are man-hating witches who seem to get an unnatural pleasure from tormenting those they come into contact with. Came across one old guy who worked there and was decent. He suggested applying for a DAC on "humanitarian" grounds. 

 

I need a reputable source to show it is essential to meet her Thai family first before getting engaged. We all know Thai culture a bit and this is not surprising to us but how do I prove it.

 

Any ideas?

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4 hours ago, BritManToo said:

Point 1,

It"s a shame you are trapped by a Feminist country & cannot make your own mind up about your children 

* I've heard you are expected to pay even when you have them for visits  all worked of your Gross salary ( Go figure , you dont take that much home )

* & every time you change jobs (pending on salary ) you have to justify the difference in seeking to pay less

 

I have no ties to Auss except still working & will never have except a Pension if they still have it or can get it.

 

I will also not have my son in that country where they are discrimenative  & capitalistic 

 

 

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3 hours ago, JohnGordon said:

Definitely agree with "loose lips sink ships" but I thought we were on good terms.

 

The DPO came through about 4 days after I told her so it's a safe bet she made a call.

 

I've got a repayment plan with the CSA which is upto date but still no joy getting a a DAC or the DPO lifted.

 

At the CSA most staff are man-hating witches who seem to get an unnatural pleasure from tormenting those they come into contact with. Came across one old guy who worked there and was decent. He suggested applying for a DAC on "humanitarian" grounds. 

 

I need a reputable source to show it is essential to meet her Thai family first before getting engaged. We all know Thai culture a bit and this is not surprising to us but how do I prove it.

 

Any ideas?

What was the reason given by CSA on why they wouldn't issue a DAC for a one off visit to Thailand?

I think if the CSA has not issued you with a DAC, getting one on humanitarian grounds might be a stretch.

It can't hurt to apply for one I guess.

 

Is your partner on a visa or is she an Australian resident?

It might be easier getting her parents over for a visa.

 

How old is the debt and why did you wait so long for it to blow out?

What's the time frame for squaring up the debt?

You could be in for a long wait to travel anywhere if you cannot get it lifted.

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7 hours ago, Will27 said:

What was the reason given by CSA on why they wouldn't issue a DAC for a one off visit to Thailand?

I think if the CSA has not issued you with a DAC, getting one on humanitarian grounds might be a stretch.

It can't hurt to apply for one I guess.

 

Is your partner on a visa or is she an Australian resident?

It might be easier getting her parents over for a visa.

 

How old is the debt and why did you wait so long for it to blow out?

What's the time frame for squaring up the debt?

You could be in for a long wait to travel anywhere if you cannot get it lifted.

Recently in Australian media it was reported that people who have a back debt for child support must clear the entire debt before being permitted to travel overseas at departure points.

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The DAC was rejected on the basis that there was no provision to do so under the Act.

 

Bringing her parents here is an option. She is on a student visa and we will do an 820 Partner visa application in the next few weeks.

 

I know it's a stretch going the Humanitarian argument but it's the only option I can think of.

 

Can anyone suggest a reference that substantiates it's essential to meet a Thai bride's parents?

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DAC issued on humanitarian grounds or in Australia's interests

The Secretary must also issue a DAC where satisfied that:

  • the certificate should be issued on humanitarian grounds, or
  • refusing to issue the certificate would be detrimental to Australia's interests, and
  • the debtor is unable (not unwilling) to provide security satisfactory to the Secretary for their return to Australia.

Humanitarian grounds include compassionate grounds.

The onus is on the debtor to provide evidence satisfactory to the Secretary that shows their situation meets the above requirements.

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