Query from successful applicants with child custody issues

[nvr]

Hi..

I seek advice from successful applicants who have child custody issues. I also hope other members can gain from this site, those who are facing related issues.

I have the sole legal custody of my child. We are not getting any maintenance nor did we claim so. The custody order gives visiting rights to my spouse on alternate weekends. My question do I still need to get court orders to remove my child from jurisdication or I can take a decision as a legal parent. Also as the order is almost 30 pages long, can I get a notarised sworn affidavit from my lawyer with simply the main relief  that mentions the custody and visiting rights, as its expensiveto get all pages notarised.

Secondly, we are living separately and have not sought a divorce. According to some consultants that is immaterial as long as I have the custody order. Pls comment.

[qorax]

Dear Ma'am,

Your sit is tricky... I have given a serious thought to ur case and here's my opinion.

U may like to hire an Immigration Consultant for ur processing, imdtly. It'll be good for u...

There r quite a few good ones in India, I suggest visit them asap, if u r sincere abt migrating to Canada.

Said that, in India 'seperation' is not similar to 'divorce'. Thus, u might face legal hassles while changing your residence, be it within india or Abroad. Especially abroad, wherein your spouse might get in a 'stay order' due to his 'visitation rights'. And u might end up getting his PR too, which would be an unnecessary / unsavoury 'extra baggage' to u. And ur 'custody order' might have no locus standii. Think abt it...

As regards ur other ques, on 'sworn affidavit', I guess it would do, of course attach the complete 30 pgs order (without notarized) to it. But, I'll still suggest, process ur case thru a legal immigr consultant, it will be for ur own good & for ur kid/s.

I hope that helps.

Here's wishing u all the Very Best...

[nvr]

 @  qorax: Before applying I had consulted three immig lawyers,  who after seeing the order did recommend that I should go ahead and will not require the court order, except ***** who said i will need it (but when i approached i did not have custody). But somehow I am nervous about it and thats why was hoping a sucesseful applicant coud answer that better. Its difficult to believe that I can go without consent, so I wanted a second opinion here. Thanx for your help. And I have got the order notarised.

[qorax]

Good to know that, ma'am,

All the best to you.

Regards.

[MarkCan]

You cannot remove your child from the jurisdiction unless the court has assigned you the SOLE RIGHTS to the child. If that is the case, you must have documents to prove the same. Canada has very strict policy with regard to such cases. Child Services in Canada are known to remove children from the care of such parents unless they have specifically gotten the court order which allows them to take the child outside of the jurisdiction of another parent. Make sure you get the court-approved papers notarized.

Mark

[nvr]

Thank you Mark..I have snt a detailed mail for the same to you. Pls reply.

You cannot remove your child from the jurisdiction unless the court has assigned you the SOLE RIGHTS to the child. If that is the case, you must have documents to prove the same. Canada has very strict policy with regard to such cases. Child Services in Canada are known to remove children from the care of such parents unless they have specifically gotten the court order which allows them to take the child outside of the jurisdiction of another parent. Make sure you get the court-approved papers notarized.

Mark

[SD2009]

Hi ,

I've similar but different situation.

My ex-wife has given Full custody of my child through notarized Affidavit without any conditions to me (No court order), though I've decree of divorce from the court. So, do i still need to get order from Court for Custody of my child ?? Or is affidavit good enough ?? And do I need to submit any of these proofs at Visa office ??

Also while arriving at Canada, will there be any issue at Port of Entry ??

Please share your thoughts.

Regards

[arshindersingh]

Hi there

I have a small baby child of nine months old, do i have to proof the custody for her. If yes then how?Moreover how will i get the proof that the children may be removed from the juridiction of court.

Please let me know?

Thanks

Hi..

I seek advice from successful applicants who have child custody issues. I also hope other members can gain from this site, those who are facing related issues.

I have the sole legal custody of my child. We are not getting any maintenance nor did we claim so. The custody order gives visiting rights to my spouse on alternate weekends. My question do I still need to get court orders to remove my child from jurisdication or I can take a decision as a legal parent. Also as the order is almost 30 pages long, can I get a notarised sworn affidavit from my lawyer with simply the main relief  that mentions the custody and visiting rights, as its expensiveto get all pages notarised.

Secondly, we are living separately and have not sought a divorce. According to some consultants that is immaterial as long as I have the custody order. Pls comment.

[nvr]

In absence of details, i can only tell that it has to be taken from the court or a consent from your spouse.

Hi there

I have a small baby child of nine months old, do i have to proof the custody for her. If yes then how?Moreover how will i get the proof that the children may be removed from the juridiction of court.

Please let me know?

Thanks

Hi..

I seek advice from successful applicants who have child custody issues. I also hope other members can gain from this site, those who are facing related issues.

I have the sole legal custody of my child. We are not getting any maintenance nor did we claim so. The custody order gives visiting rights to my spouse on alternate weekends. My question do I still need to get court orders to remove my child from jurisdication or I can take a decision as a legal parent. Also as the order is almost 30 pages long, can I get a notarised sworn affidavit from my lawyer with simply the main relief  that mentions the custody and visiting rights, as its expensiveto get all pages notarised.

Secondly, we are living separately and have not sought a divorce. According to some consultants that is immaterial as long as I have the custody order. Pls comment.