do i need a permission from my ex husband to bring my child in canada ?????
CANADAVISA.com Immigration Forum
September 02, 2014, 06:36:32 am
   Home   Assessment Help Search Login Register RSS  
*
Welcome, Guest. Please login or register.
Did you miss your activation email?

 News
 
Pages: [1]   Go Down
  Print  
Author Topic: do i need a permission from my ex husband to bring my child in canada ?????  (Read 2038 times)
natacha232
Newbie
*

Posts: 2
Ratings: +0

« on: February 27, 2010, 12:18:23 am »

 i' am  moroccan , divorced and i have a  2 years old child.  my ex   do not  support my daughter   and   even   he  doesnt  come to see   her , now   i am  qoing to married   a   canadian  but  we dont know  if he can sponsor  i child too , and  if   we need   a permission from  her  father ??

thank you
Logged
racoon
Star Member
****

Posts: 84
Ratings: +2
Visa Office......: Vagerville

« Reply #1 on: February 27, 2010, 12:21:54 am »

Yes you do need it
Logged
natacha232
Newbie
*

Posts: 2
Ratings: +0

« Reply #2 on: February 27, 2010, 12:24:40 am »

even if dont have  any contact  with  him   i dont know where  he is   !!!  i knew  that  he married  some one  but   i cannot find  him 
Logged
RobsLuv
Champion Member
******

Posts: 1841
Ratings: +122
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #3 on: February 27, 2010, 01:05:50 am »

What type of child custody arrangements do you have?  If a Court has granted you sole physical and legal custody of your child then, no, you don't need your ex's permission for her to immigrate.  But if he was granted even just visitation, whether he sees her or not, you have to have his signed consent before your child can even travel internationally.  My advice: if you don't have a court order already giving you sole custody, get one before you try to do this.  You will get nothing but a fight from CIC about it otherwise.  If your child's father really never sees her and doesn't support her, you shouldn't have too much trouble getting a court to strip him of his parental rights due to abandonment.  But, as far as CIC is concerned, that's the only way to get out of your obligation to get his consent.

Also, what you said about not knowing if you can sponsor her, too - you have no choice.  You HAVE to include her on your application, even if she wasn't coming with you to Canada, because she is your dependent.  But CIC will not put themselves in the middle of child custody battles and they will not participate in anything that is akin to "kidnapping".  So, if your ex has legal "rights" to his child, you can't take her across an international border without his consent - that's kidnapping.
Logged

Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Won appeal 1'10.  Back in process 4'10, new meds req 5'10 - submitted in June.  New FBI submitted 8'10  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
PMM
VIP Member
*******

Posts: 19427
Ratings: +769

« Reply #4 on: February 27, 2010, 01:17:26 pm »

Hi

What type of child custody arrangements do you have?  If a Court has granted you sole physical and legal custody of your child then, no, you don't need your ex's permission for her to immigrate.  But if he was granted even just visitation, whether he sees her or not, you have to have his signed consent before your child can even travel internationally.  My advice: if you don't have a court order already giving you sole custody, get one before you try to do this.  You will get nothing but a fight from CIC about it otherwise.  If your child's father really never sees her and doesn't support her, you shouldn't have too much trouble getting a court to strip him of his parental rights due to abandonment.  But, as far as CIC is concerned, that's the only way to get out of your obligation to get his consent.

Also, what you said about not knowing if you can sponsor her, too - you have no choice.  You HAVE to include her on your application, even if she wasn't coming with you to Canada, because she is your dependent.  But CIC will not put themselves in the middle of child custody battles and they will not participate in anything that is akin to "kidnapping".  So, if your ex has legal "rights" to his child, you can't take her across an international border without his consent - that's kidnapping.

It is not quite so simple in Morocco regarding child custody as it falls under Islamic law.

Custody Disputes

When child custody disputes arise between parents, one of whom is a citizen of Morocco, custody decisions are based on Islamic law. Child custody cases are complex. Moroccan courts consider the parents' religion, place of permanent residence, income, and the mother's subsequent marital status.

"Right of Custody and Travel Restrictions

Although women are normally granted custody of their children in divorces, regardless of nationality, the right of the father to control his children's travel outside of Morocco is iviolabnle. Therefore, even if the children bear U.S. passports, the father must approve the children''s departure from Morocco. Immigration officials may require proof that the father approves the departure. Women must also obtain permission to move the children more than 100 kilometers from their last residence prior to the divorce."

PMM
Logged

PMM
Pages: [1]   Go Up
  Print  
 
Jump to:  

Powered by SMF 1.1.10 | SMF © 2006-2009, Simple Machines LLC