Ex spousal want to applicate for pr for our dauthter without my permission...

[Leon]

I think she is going through a breakup and is exploring her options on how to move forward from that.

In some countries, a parent of a PR or a citizen child can get a work permit based on their child. She wanted to know if that was the case in Canada which it isn't. Otherwise, she might be willing to live in Canada along with her ex and her child.

Since that isn't the case, the question is what is best for all parties. Since she is not able to stay in Canada and I assume she does not qualify to immigrate herself or she would have looked into that option, she is kind of forced to move back to Germany. The father is a German citizen so he has the option to live either in Canada or Germany. To me, it makes the most sense that she keep the child with her in Germany unless she finds a way to immigrate to Canada on her own.

 

[Misslyn]

Thanks Leon you got it right.

I think there is no way I could stay/ live/work or get support in Canada for longer. ( I was looking for options already or still...)
( what I know I don't have to do a divorce or sign something when we broke up...because it's common law...and it was already in 2012...I don't think my common law open work permit is still valid because of this)

We are all German and none of us has pr or something....

I'm totally fine with the joint custody ( I gave him this) BUT he istn't and won't her back (even without me) and want sole custody that he can apply PR WITH her.

And he can live in Germany and Canada...I just in Germany...

 

[Msafiri]

What does your German lawyer say....it seems that unless you want to live in Canada and can find a way to do this you can continue living in Germany and the father has to deal with this through the German courts. I don't see the Canadian courts getting involved in this. As a starting point what is the legal position on custody in Germany for non married couples? Most jurisdictions give mom 100% custody in this case. When you say you have joint custody did you sign some paperwork. Do you want to live in Canada and can you get PR on your own is the question here? CIC will not progress any PR application including a minor where there is no evidence of sole custody or agreement from anyone with custodial rights so this is not an issue...unless dad is saying you can get PR with him but the offer is he gets sole custody?

 

[Misslyn]

Hi Msafiri,

thanks for the reply.

I won't get my own pr. ( I just lived 15 months in Canada and stayed at home with the lil girl)

Germany would give me of course full custody. (we signed after her birth paper that we have joint custody)

He applicated for sole custody already in Canada and order for her return. ( I got a file from his lawyer, which isn't pretty nice, over 70 pages in English...)
It could be that she has to go back, because of the joint costudy. (the question is which court is responsible)
And that Canada is the proper jurisdictions.
And there is my issue....worry...
Because I can't live there...or do a custody war with a expensive lawyer...or represent myself (with barely English and no clue about the Canadian law...)

I think there is no way to get Pr (familiy) with him...because we are not together anymore...

 

[Msafiri]

You need some legal input on this even if its an initial consultation. Germany would have some form of legal assistance for low income/ asset applicants - you need to look into this. The courts will look at if they have jurisdiction. So have you got any documents from the court in Canada? You need to review his reasons for wanting sole custody. You best forget about returning to Canada till this is resolved.

 

[Misslyn]

-> LEON,
are you sure, that I can't stay in Canada even my daughter has pr?

(in some countries it's possible and it's hard to get information in that case for me from abroad)

Thank you.


Thanks Msafiri, I have already a German lawyer. I'm more worried what's going on in Canada courts when I'm not there...and don't have the chance to speak for myself/defend myself or to be there.
I got already papers from his lawyer and court via mail.

 

[scylla]

-> LEON,
are you sure, that I can't stay in Canada even my daughter has pr?

(in some countries it's possible and it's hard to get information in that case for me from abroad)

You receive no benefits from your daughter's PR status. Once your daughter is an adult - she can apply to sponsor your for PR. But that's still a very long way away.

Until then, if you want to remain in Canada and/or get PR status - you'll have to do so on your own.

Again - you gain no benefits from your daughter's PR status. Even if she was a citizen, there would still be no benefit to you.

 

[Leon]

-> LEON,
are you sure, that I can't stay in Canada even my daughter has pr?

(in some countries it's possible and it's hard to get information in that case for me from abroad)

Thank you.


Thanks Msafiri, I have already a German lawyer. I'm more worried what's going on in Canada courts when I'm not there...and don't have the chance to speak for myself/defend myself or to be there.
I got already papers from his lawyer and court via mail.

No, there is no allowance for parents of PR or citizen children to stay in Canada. It is possible that if you lose custody of your daughter and she is taken from you and sent to the father that a Canadian immigration lawyer can figure out some loophole for you to stay on Humane and compassionate grounds but you should try to avoid getting in that situation, especially if you don't have the money for a lawyer.

Ask your lawyer to help you draw up a letter for the Canadian court. I am sure your lawyer has some ideas on what to say but I would emphasize that you were the primary caretaker of the child and that as you do not have the skills or education to immigrate to Canada on your own, giving the father custody of the child would basically deprive the child of her mother while on the other hand, if you have custody of the child, the father has the choice of returning to Germany any time as he is a German citizen. Further that because both parents and child are German citizens and none of you have PR or citizenship in Canada, it would be appropriate for the Canadian courts to pass on the decision and let the German courts decide.

 

[Msafiri]

-> LEON,
are you sure, that I can't stay in Canada even my daughter has pr?

(in some countries it's possible and it's hard to get information in that case for me from abroad)

Thank you.


Thanks Msafiri, I have already a German lawyer. I'm more worried what's going on in Canada courts when I'm not there...and don't have the chance to speak for myself/defend myself or to be there.
I got already papers from his lawyer and court via mail.

Why don't you formalize custody in Germany and your lawyer can forward documents to the father. In this way there are court proceedings in both countries.

 

[Misslyn]

Thank you ALL for the replys, information and advices...


It's sad but there is no way at the moment I could immigrate by myself. (and also I think we have a better live here, family background, better job opportunities...)

I applicated for sole custody in Germany....
My Ex spousal will proceed with his sole custody application in Canada and return order of our daughter...
( where I don't have any influence - my lawyer in Germany isn't certified for Canada - so she can't take any action by herself in Canada )

I have to persuade the Canadian court that Germany is the proper jurisdiction to determinate all matters...and I'm still thinking how can I do this from Germany without having $$ 10 000 for a Canadian lawyer.

Let's see what comes out.

Thanks so much!

 

[Leon]

Ask your lawyer to help you write a letter to the Canadian court explaining your situation. If your lawyer does not feel comfortable doing this in English, ask them to write it in German, then get a translator to translate it for you. I am sure you have the address of the court on your paperwork. Send your letter to them.

You have to keep in mind that currently, the Canadian court knows nothing about the proceedings in Germany. They simply think that here is a couple, they are splitting up, the mother takes the child and does a runner. They may be inclined to give the father full custody if they get no explanation from the mother. However, that doesn't mean that German authorities will act on the order. You should still try your best to explain your side to the court.

The letter should contain, as I said, that all of you are German citizens. None of you are PR's or Canadian citizens. You met and established your relationship in Germany. Your child was born in Germany. You moved to Canada based on your common law partners work permit on date x (fill in the date). During your time in Canada, you were a stay home mother and the primary caretaker of your child. Your child does not speak English(? I assume that is the case you being a stay home mother taking care of your child at home). When your common law partner dumped you for another woman, your open work permit seized to be valid so in essence, you did not have the right to stay and try to find a job in Canada, therefore you took your child and left. (You may also add the circumstances of that. Like did he kick you out of the apartment or did he leave you in the apartment with no ability to pay rent etc.) In your current situation, because you were the primary caretaker of your child the whole time, your child is very attached to you. Your child is young, not yet in school. Your child does not speak English. The best thing for your child would be to stay in Germany with you. If the Canadian courts were to decide that the father should get full custody and request for the return of the child to Canada, they would be depriving the child of her mother because the status of your ex or the status of your child in Canada do not give you the right to live in Canada and that you do not have the skills or education to immigrate to Canada on your own. On the other hand, if the Canadian court gives you custody or passes the decision on to the German courts (give them an address of your court or lawyer) the father could return to Germany any time as he is a German citizen so the child would not be deprived of their father even if they made that decision.

 

[Misslyn]

THANKS LEON

Actually it just feels not right was he is trying to do....

Do you know what happened with the visa of our daugther?
Is it still valid regarding that she is the child of a skilled worker...even we broke up...and even I wouldn't agree to her status...there is still joint custody....
Do I have/can change her status somewhere?

Thank you so much

 

[Leon]

THANKS LEON

Actually it just feels not right was he is trying to do....

Do you know what happened with the visa of our daugther?
Is it still valid regarding that she is the child of a skilled worker...even we broke up...and even I wouldn't agree to her status...there is still joint custody....
Do I have/can change her status somewhere?

Thank you so much

The temporary visa of your daughter is valid for as long as his work permit is valid. You can not change that.

So how is your case going? Have you secured full custody in Germany? Have you sent a letter to the court in Canada?

 

[Misslyn]

Hi Leon,
thanks for your reply.

Well, the court in Germany said, that usual the application will be accepted who was made first . Which is the one from my ex spousal.
But they can proof if Canada is proper jurisdiction for an international case....fingers crossed...

I have now a lawyer in Canada because the application is proceeding in Canada anyway at this point.
I hope we can turn it around that Germany is the proper jurisdiction to determinate custody.
And the court in Canada advised me that I don't should send letters who aren't not in a proper court form (but I'm not a lawyer and I'm not fluent in English)
I would have the oppurtunity to apply for a video conference/phone conference at the hearing. Where I can represent myself at the hearing....which I guess wouldn't be a good idea because I won't understand the most.

The hearing is now been set by the end of the week.
Fingers crossed.

Thanks a lot Leon!

 

[Leon]

If you have a lawyer, your lawyer should represent you so you would not have to represent yourself. If you do a video/phone conference to attend the hearing, you should invite someone you know to listen in who speaks fluent English so they can translate for you afterwards. Good luck.