All had been going smoothly with my fiancee's application to come to Australia. Her ex-husband signed an agreement that their 14-year-old daughter could leave the Ukraine for the purpose of migrating to Australia. My fiancee is arranging the get the daughter a passport. But now there is a hitch. Her ex-husband, she says, is demanding EUR400 for doing the paper work required for the daughter's passport. It is basically blackmail. So what do I do? Pay up and hope he goes away and be happy he didn't ask for more? Go to court in The Ukraine and have my fiance seek legal custody of her daughter (who lives with her anyway). Even if I pay, he could come back and ask for more -- and being a father, he would be at liberty to revoke the earlier agreement he signed to let her travel. You experienced hands out there, how would you play this one?
I would not pay in this situation. You say he sign that she can leave - but want money for passport? Something wrong here. What does your fiance say? I think she is the one to find a solution here. As I understand she have never been at you place before. You trust her and that she want to live outside Ukraine? Maybe good she come and visit you alone before taking the daughter?
Not really sure about the legalities of doing so in Ukraine, but I'm fairly sure if you have a lawyer draw up a plan for him to sign away all custody rights to his daughter, that paper will stand in court should any future problems arise.
The fact that he was willing to let the girl go and then hit you at the last minute with bill for it says alot. It will also say alot to the witnesses to his signature on that piece of paper.
If you can get his signature; 400 euro is worth it. Although the way things are in Ukraine you might have to pay the judge for a court order and any others looking to get their finger in the pie. Get him to also sign that this will be the last time he tries this bullshit.
I understand your predicament.
What you need to do is ask your fiancée – not us.
What I mean, if this had of happened with my Fiancée (now wife) and if her daughter was younger and coming to NZ with her (she came 2 years later and was 20yrs) AND had she got into the same situation with an Ex – I would have left it up to her judgement.
If 400Euro is what he wants (and my wife says this is common to try for) then your fiancée must make the call, based on her gut feeling and knowledge of her Ex and his nature.
Can I ask you, how long have you known and how much time have you spent with your fiancée ???
I know of one guy here, who's father in law went and had a private discussion with the father of their child. Basically said, sign or visit the hospital. It seemed to work in that case, I don't know what your relationship with the in laws are, but that might be worth a try. Her grandfather wasn't going to let the Ex dictate the ability of his grandchild of having a good life elsewhere, since he didn't really have to much to do with the child as it was. It was just a way to use the child for monetary gain.
Sad as it sounds, this is very much common practice from some men in the FSU to extort money out of their wives and future husbands. He did sign away parental rights and was never heard from again.
I appreciate all the measured and well meaning advice you have all given. Thank you. Actually my fiancee has been handling this quite well. A few months back, we were concerned the ex-husband would object or ask for money then. She got the ex-husband's mother, who loves the child, to talk to him and he agreed for no fee. We escaped unscathed.
He signed a notarized document saying: " I, ..., am aware of the application of my former wife concerning departure abroad together with my child ... I declare that I have no objections for their departure abroad for permanent residence and that (my fiancee) has no unfulfilled obligations and property duties towards me ...
However now, she is arranging her daughter's passport and I am told he has to sign forms for that. But he is refusing to do so unless I pay him EUR400. That's the sticking point.
I tend to think Kirkland is on the money. That 400EUR is not that big a price. But he'll have to sign a new document relinquishing his parental rights totally, agreeing to assist where required, and agreeing not to ask for money or favors in future.
Then if he tried this again, we'd simply to court with these documents.
Chris: He has invoked a technicality to shaft you. The original document is irrevocable, however he is within his legal rights regarding the passport application, so the net result may be the same. Good lesson for others to make sure they have it all done together before the ex smells the possible money trail.
Check with Aus immigration, but I have a feeling she can travel on her mother’s passport until she is 18. I don’t believe she actually needs her own passport. Over 18 is another story. Don’t quote me, I’m not 100% on this one, but check and if this is so, it gives you the avenue you need. Most “minors” arriving in Aus do so on a parent’s passport.
This is something his mates and him have cooked up after the event. It is fairly common. There is no good in this guy at all, the bottom line is he has put his daughter up for sale and the price is 400 Euros. He values her at about the same as a couple of hours with hooker. Do anything you can to avoid playing his game.
“You or Your” in this publication refers to the applicant which is your fiancé. I think you should follow this through and have the daughter included on your partner’s application and passport.
My opinion is still to not pay. By giving in for that kind of blackmail you accept this behavior. And it would be a common standard for low brained stone aged Ukraine men to do that. I would simply tell my fiance - sorry I not pay for this. Finish that subject and see what happens. She can come first without daughter and she must fix this before she wants the daughter to come. I am sure that she or daughter or some in the family will let him understand that you not are paying this blackmail - it is your principle and against your believe in common decent behavior. If he get the understanding that you not pay - it will come to a solution I am sure. If not - have her go to court before she can leave Ukraine.
I maybe seem a little hard here - but frankly speaking this is a problem all girls with children should have fixed before they involved herself in foreign men and plan to visit outside the Ukraine. They should have their passport for themselves and their children. A small serious sign that they started their part of the journey towards finding their life partner in a foreign country.
Chris2008, I did not read all post that people left here so i may repeat something have been sad. She do need his agree on leaving their child from Ukraine, if the kid is less than 18 years old. After the kid leave Ukraine it will not matter what her exhusband wants.
To be sure for 100% i need to check, but in advance i think that the litigation will not resolve the problem. To allow the kid to leave Ukraine or not is his ligitimate right as he is still the father. If everything is very bad then you may try to deprive him of the parental authority. After this only the mather is a tutor of the kid.