Other parent refuses to sign Immigration document for children.what to do ?

[Yorker13]

Hi,

I am stuck in court for over year and half now against my wife, who is seeking divorce.

in 2013, myself ,wife and our son became PR, but she and our son didnt come after landing their PR card expired on 2018 and they didnt meet the RO obligation, so they cancelled their PR and i applied again for them , the application got approved on 2020, for her and our 3 dependent children .
again she refused to make landing, until the one year PR visa was expired and I canceled the application.

now, we still in court for divorce, her case was rejected and the judegment of her case is final now, but she intend to file a new case again, that means officially we are still married but live seperately, especially that i move to Somalia along with our 3 children and she still live and work in UAE.

the reason i moved to Somalia,becasue i cant afford to pay for private school, housing in UAE while i am in Canada, and we made an official agreement in front of the court for the children to reside with me as long as the dispute between us exists, and judge stopped the child maintenance money as they children are with me now.

I become Canadian citizen on 2020, but my children dont have any status in Canada, one son had a PR status which was revoked in 2018 and 2 daughters had Temporarily Resident Permit in 2016, and three of them got approval for PR as dependent child of the principal applicant ( their mother )

me and soon to be Ex-wife, were exchanging emails, where i was trying to convince her to sign the the non accompanying parent document IMM560 , and she kept ignoring or negotiating that request as part of her divorce request.

my Questions:

1- How to show IRCC that the other parent is refusing to sign the non accompanying parent document to include it in my new dependent child sponsorship application.

2- can the family agreement document that shows that ,children reside with me , be enough as proof that i got at least a temporarily custody.

3-can the previous Revoked PR of her and our son and the the recent PR application which she refused to land in Canada, help in showing IRCC she is not acting as best interest of the children and prevent them from living in Canada with their father.


regards

 

[scylla]

Hi,

I am stuck in court for over year and half now against my wife, who is seeking divorce.

in 2013, myself ,wife and our son became PR, but she and our son didnt come after landing their PR card expired on 2018 and they didnt meet the RO obligation, so they cancelled their PR and i applied again for them , the application got approved on 2020, for her and our 3 dependent children .
again she refused to make landing, until the one year PR visa was expired and I canceled the application.

now, we still in court for divorce, her case was rejected and the judegment of her case is final now, but she intend to file a new case again, that means officially we are still married but live seperately, especially that i move to Somalia along with our 3 children and she still live and work in UAE.

the reason i moved to Somalia,becasue i cant afford to pay for private school, housing in UAE while i am in Canada, and we made an official agreement in front of the court for the children to reside with me as long as the dispute between us exists, and judge stopped the child maintenance money as they children are with me now.

I become Canadian citizen on 2020, but my children dont have any status in Canada, one son had a PR status which was revoked in 2018 and 2 daughters had Temporarily Resident Permit in 2016, and three of them got approval for PR as dependent child of the principal applicant ( their mother )

me and soon to be Ex-wife, were exchanging emails, where i was trying to convince her to sign the the non accompanying parent document IMM560 , and she kept ignoring or negotiating that request as part of her divorce request.

my Questions:

1- How to show IRCC that the other parent is refusing to sign the non accompanying parent document to include it in my new dependent child sponsorship application.

2- can the family agreement document that shows that ,children reside with me , be enough as proof that i got at least a temporarily custody.

3-can the previous Revoked PR of her and our son and the the recent PR application which she refused to land in Canada, help in showing IRCC she is not acting as best interest of the children and prevent them from living in Canada with their father.


regards

1 - Your ex wife needs to either sign the document or you need to prove that you have sole legal custody of the children. Those are the only two options. IRCC has to follow international law as it relates to the movement of children.
2 - You need a court document that shows you have sole legal custody of the children. I'm not sure if a family agreement document does that.
3 - No, this won't be of any help and is irrelevant.

 

[Yorker13]

1 - Your ex wife needs to either sign the document or you need to prove that you have sole legal custody of the children. Those are the only two options. IRCC has to follow international law as it relates to the movement of children.
2 - You need a court document that shows you have sole legal custody of the children. I'm not sure if a family agreement document does that.
3 - No, this won't be of any help and is irrelevant.

Thanks for your reply,

in the document checklist, it states the following:

if your divorced or separated from the other parent,,also include a copy of any custody agreement, if you are not able to provide the above document provide detailed explanation.

isn't the above statement resembles my situation, where we are not divorced yet, and are seperated and we made custody agreement,hence the kids are with me and i traveled with them to other country where their mother lives.

 

[scylla]

Thanks for your reply,

in the document checklist, it states the following:

if your divorced or separated from the other parent,,also include a copy of any custody agreement, if you are not able to provide the above document provide detailed explanation.

isn't the above statement resembles my situation, where we are not divorced yet, and are seperated and we made custody agreement,hence the kids are with me and i traveled with them to other country where their mother lives.

I don't know. You can certainly try. All I can tell you is that you need a document that shows you have sole legal custody. If the document states you have shared custody, that won't work.

 

[Yorker13]

I don't know. You can certainly try. All I can tell you is that you need a document that shows you have sole legal custody. If the document states you have shared custody, that won't work.

the document literally states:

Confirmation of residence of the children of both parties with their father as long as there is dispute between them.

it doesnt say anything about shared custody, but the last part of " as long as their is dispute between them" is worrying me as it indicates this agreement is temporarily until the their dispute is settled by court order or reconciliation

 

[armoured]

it doesnt say anything about shared custody, but the last part of " as long as their is dispute between them" is worrying me as it indicates this agreement is temporarily until the their dispute is settled by court order or reconciliation

That would be my gut reaction - but ultimately this is a legal question and in addition to whatever divorce counsel you have, you may want to consult a canadian lawyer - who ultimately may be able to help ensure tht whatever documentation you have or get is up to standard (or at least argue it is).

That said, personaly a bit skeptical anything will be accepted until your case and custody clearly settled.

 

[scylla]

the document literally states:

Confirmation of residence of the children of both parties with their father as long as there is dispute between them.

it doesnt say anything about shared custody, but the last part of " as long as their is dispute between them" is worrying me as it indicates this agreement is temporarily until the their dispute is settled by court order or reconciliation

From my perspective, all this does is confirm who the children are living with right now (residence) while the dispute is ongoing. I don't think this can be used to demonstrate you have sole legal custody. If your spouse isn't willing to provide consent, then you need to have a document that proves you have sole legal custody and do not need your wife's consent to relocate your children to another country.

This is a complex issue and at this point you may be best off hiring a lawyer to assist you. I'm not a legal expert in these matters and the answer may vary from country to country and how IRCC interprets this information.

Good luck.

 

[Yorker13]

From my perspective, all this does is confirm who the children are living with right now (residence) while the dispute is ongoing. I don't think this can be used to demonstrate you have sole legal custody. If your spouse isn't willing to provide consent, then you need to have a document that proves you have sole legal custody and do not need your wife's consent to relocate your children to another country.

This is a complex issue and at this point you may be best off hiring a lawyer to assist you. I'm not a legal expert in these matters and the answer may vary from country to country and how IRCC interprets this information.

Good luck.

just last quick observation.

u said , to prove that i dont need my wife's consent to travel from country to country,
i travelled from UAE where we used to reside and where the court proceedings were, to our home country Somalia, she tried to put a travel ban , one year ago when the judge gave me the children's passports, but it was rejected,

now ,i am in different country, and registered our kids in new schools , the UAE immigration at the airport didnt even question me on the kid's status.

also, after the family agreement, i submitted a petition to stop the child maintenance money that was asigned to her as the kids used to reside with her before the family agreement, that point confused me and i asked for explanation on whether if she is have custody hence the child maintenance support but in the court ruling they mentioed she wasnt gived any custody ,in fact her case for divorce and custody over the kids were rejected.

would that situation be in my benefit..?

 

[scylla]

just last quick observation.

u said , to prove that i dont need my wife's consent to travel from country to country,
i travelled from UAE where we used to reside and where the court proceedings were, to our home country Somalia, she tried to put a travel ban , one year ago when the judge gave me the children's passports, but it was rejected,

now ,i am in different country, and registered our kids in new schools , the UAE immigration at the airport didnt even question me on the kid's status.

also, after the family agreement, i submitted a petition to stop the child maintenance money that was asigned to her as the kids used to reside with her before the family agreement, that point confused me and i asked for explanation on whether if she is have custody hence the child maintenance support but in the court ruling they mentioed she wasnt gived any custody ,in fact her case for divorce and custody over the kids were rejected.

would that situation be in my benefit..?

- The maintenance money is irrelevant.
- The document you have needs to be accepted by IRCC as giving you sole legal custody. As said before, I'm not a lawyer and can't tell you if it will be accepted that way. Unfortunately your experiences in the UAE don't in any way indicate whether this document will be accepted by Canada. The UAE is not a signatory in the Hague Convention (Canada is). This means Canada follows higher / stricter international standards as it relates to the movement of minor children. Your options are to either try with the document you have now and see what IRCC says or to hire an immigration lawyer to assist you.

 

[AliM007]

Hello,
I am in a similar yet different situation where husband went to Canada and he is refusing to sign the minors accompanying forms for them to accompany me in my application to the same country. he stopped cooperating and I don't know much about his status. I appreciate any suggestion @scylla @armoured ..

I tried contacting you @Yorker13 but not able to. please contact me if you can.

 

[scylla]

Hello,
I am in a similar yet different situation where husband went to Canada and he is refusing to sign the minors accompanying forms for them to accompany me in my application to the same country. he stopped cooperating and I don't know much about his status. I appreciate any suggestion @scylla @armoured ..

I tried contacting you @Yorker13 but not able to. please contact me if you can.

You need to get sole custody of your children.

 

[AliM007]

You need to get sole custody of your children.

even if he is in Canada? and refusing to sign, do pcc or medical or allow children to come with their mother to the same country he is in? isn't ircc consider such facts?

 

[scylla]

even if he is in Canada? and refusing to sign, do pcc or medical or allow children to come with their mother to the same country he is in? isn't ircc consider such facts?

He needs to either sign or you need to get sole legal custody of the children. This is international law. IRCC has to follow international law.

 

[Amiah_world]

even if he is in Canada? and refusing to sign, do pcc or medical or allow children to come with their mother to the same country he is in? isn't ircc consider such facts?

This sounds like a matter you take up in the courts in your original country, no immigration law will do what you’re thinking in your head for them to do.

 

[AliM007]

He needs to either sign or you need to get sole legal custody of the children. This is international law. IRCC has to follow international law.

Thanks Scylla for the reply.