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Need to withdraw 16yo due to custody issues

deb0725

Member
May 10, 2009
11
0
Hello everyone,

I need to withdraw the immigration proceedings from a family class sponsorship. My 16 yo daughter will be living with my parents until she is 18 and can legally move to Canada via immigration. My immigration paperwork was filed on June 29th with the Mississauga office for my husband (Canadian natural resident) to sponsor myself, his wife and my two children from a previous marriage. My ex husband refuses to allow my 16 yo to immigrate even though he has no contact at all with her. He has joint custody and has seen her two times in 9 years. The choice to not see her is his not hers. She wants to move but my ex and I have joint custody so he can complain if needed.

I am thinking I need to just withdraw her from the petition. She will be 17 in Feb 2010. Any thoughts or ideas would be helpful.

We are thinking the best and easiest decision is just not have her immigrate and have her stay with her grandparents. She can "visit " for several months at a time in Canada. We are home schooling already so the school portion is not an issue.

Thoughts ideas anyone?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,948
Hi

deb0725 said:
Hello everyone,

I need to withdraw the immigration proceedings from a family class sponsorship. My 16 yo daughter will be living with my parents until she is 18 and can legally move to Canada via immigration. My immigration paperwork was filed on June 29th with the Mississauga office for my husband (Canadian natural resident) to sponsor myself, his wife and my two children from a previous marriage. My ex husband refuses to allow my 16 yo to immigrate even though he has no contact at all with her. He has joint custody and has seen her two times in 9 years. The choice to not see her is his not hers. She wants to move but my ex and I have joint custody so he can complain if needed.

I am thinking I need to just withdraw her from the petition. She will be 17 in Feb 2010. Any thoughts or ideas would be helpful.

We are thinking the best and easiest decision is just not have her immigrate and have her stay with her grandparents. She can "visit " for several months at a time in Canada. We are home schooling already so the school portion is not an issue.

Thoughts ideas anyone?
1. Ensure that your daughter has the medical exam, you don't have to withdraw the application. If she doesn't have the medical exam, she would not be sponsorable in the future.
2. If she is in your custody and the father has not exercised his "rights" go to court and get an order allowing you to remove the child from the state. See a lawyer, 2 visitations in 9 years, you will probably get a sympathetic hearing.

PMM