Custody of children under 18 years of age
Sponsors must satisfy one of the following custody requirements when applying to sponsor children under 18 years of age:
- they must have the sole legal right to determine where the child shall live, or to remove the child from their home country.
- if another person can legally determine where the child can live, the sponsor must obtain a statutory declaration from this person or people, granting permission for the child to migrate.
- they must possess a valid court order allowing them to permanently remove the child from the child's home country.
- they must have a court order issued by the Family Court of Australia, and the grant of the visa must be consistent with that order.
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