jes_ON said:
This is the key point. I don't know what efforts NOMOre actually made to attempt to get the exam completed, but his post did not indicate any evidence - only an assertion that his ex and family would not cooperate. Although he furnished all other required documentation, there was no mention of documented efforts to get the medical completed, or the family's refusal to cooperate. "Documented effort" doesn't only mean a written refusal - that's just the easiest evidence to use. At the very least, you need a written explanation of what you tried, and why that didn't work. Other possibilities include keeping a log of telephone calls made and responses, providing contact information of the custodial parent, etc., or testimonial from a third party...
It may seem harsh on the part of the VO to refuse even with all the other evidence, but I'm sure they work with a checklist - and if something on the list is not checked ...
It won't hurt to request a reconsideration on the basis of 5.12, but there's a good chance that the decision will stand.
OK I think I need to clarify stuff.
I have submitted a joint memorandum of understanding signed by 20 people from 2014 that we agree that child custody will be with mother. We both will withdraw all legal proceedings and I will pay 4 mil in cash for full settlement for child and 6,00,000 for wife. And we won't do any more legal proceedings against each other.
I also submitted 5 peoples sworn declaration on stamp paper notarized stating they have been trying to resolve the merraige issue for almost 4 years and we're present and signed the above mentioned memorandum and have also attempted on divorce day to take my child to medical examination and passport office.
I have also submitted gazetted copy of declaration done before Hon'ble Court and which was also taken on Court record that we agree that we will not do any type of legal proceedings against each other and the decision made by the court will be accepted to both of us.
They also asked me to sign the waiver that says I leave my right to sponsor my child in future.
I have also submitted 2 lawyers legal opinion that I won't be able to compel my ex wife as we both have agreed and signed the gazetted declaration to not to sue each other in future.
Which leaves me in following condition.
1. 2 country I belong to i have waived my right on my child as in Canada I signed waiver and in India Court took away custody and the gazetted declaration.
2. If I could produce any evidence I would have so far but the it is kind of next to impossible for me to prove that my ex wife or his family member were the one I talked to. We send them a letter but we never got response for that unfortunately we don't have a copy as we thought we need the response not the letter we sent to my ex wife.
3. I have tried everything I could to get my child healthy and convince her to help me get the document.
4. My son was born with cerebral palsy and after she took him away I had to file legal proceedings to make them take my child to necessary medical treatment 4 years before I applied for my PR.
5 I don't care she doesn't give me the documents but she don't even care for child's medical treatment which is necessary
I don't think she would give a damn about documents I need.
So this is where I am stuck hope that explains
