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URGENT : Child custody issue...

bootsal

Hero Member
Nov 3, 2015
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Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
I had recently submitted an application in the court that my exwife has not brought my daughter in the court during the last 3 years. There was an order passed by the court at the time of divorce that my exwife will have to bring my daughter twice a month for a 2hour meeting with me each time. My recent application states that my exwife is not doing it.

Can this be an evidence for IRCC? Is this a sufficient document for proof of custody?
For IRCC to exclude your child from your pr application, they will need to see documents which will clearly state that you have no access to the child in legal terms. It means you will have to show custody documents which states your ex has full custody to the child. The very fact that if they have your divorce docs stating you have access twice a month to the daughter, it also means they will want to see the meds and other docs

It is upto you to convince your situation to them that you have no access to the child since your divorce. For this I guess you can submit the papers where you are seeking legal help to see your daughter. But my guess is that will not be sufficient. So you will have to make your ex-wife write to you that she is not willing to allow the child for meds or provide any document. And you will have to exclude your child from the option of future sponsorship. If this is ok with you, you should work on providing documents to convince ircc that you tried getting access to the child but were not able to.
Also if your country has any such terms that wife gets the custody provide that too.
Hope this helps.
 

hameshalucky

Full Member
Sep 15, 2017
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For all of this in the court I will need a lot of time.. IRCC has only given me 1month to submit documentation for sole custody out if which half of the time has already passed. Their letter clearly states that my application shall be declined if I don't provide that. ..

Is there a possibility of getting an extension of time from IRCC? If yes, then how?
 

bootsal

Hero Member
Nov 3, 2015
911
159
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
For all of this in the court I will need a lot of time.. IRCC has only given me 1month to submit documentation for sole custody out if which half of the time has already passed. Their letter clearly states that my application shall be declined if I don't provide that. ..

Is there a possibility of getting an extension of time from IRCC? If yes, then how?
Write a letter of explanation and update ircc with situation and provide any court documents which states you are seeking access to your child as the ex is not cooperative. Provide any document like phone call details, SMS, WhatsApp conversation, any letters sent to her asking for access to the child. Ircc wants to know what efforts you have taken to reach the child.
My guess is in case of no custody papers it will be difficult to convince them. Try your best.

Also would suggest to search this forum if anyone from your country faced the problem as yours..you might need to see what documents are required in case of no custody docs.
 

hameshalucky

Full Member
Sep 15, 2017
26
0
After the divorce was given by the court I was allowed to see my daughter only twice a month for 2 hours each time only within court premises I was not allowed to take my daughter outside anywhere. Even if I have access I can still not provide her medical and passport. Although this is also not happening for the last 3 years. This is how meetings work for noncustody parent in Pakistan.

I filed an application in the court recently to have access like stated above but my exwife has changed her address according to the court representative who was sent by the court to her address.

I am in serious problems now. What shall I do? I have to submit custody document in one week to IRCC.

PLEASE help
 

canuck_in_uk

VIP Member
May 4, 2012
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App. Filed.......
06/12
After the divorce was given by the court I was allowed to see my daughter only twice a month for 2 hours each time only within court premises I was not allowed to take my daughter outside anywhere. Even if I have access I can still not provide her medical and passport. Although this is also not happening for the last 3 years. This is how meetings work for noncustody parent in Pakistan.

I filed an application in the court recently to have access like stated above but my exwife has changed her address according to the court representative who was sent by the court to her address.

I am in serious problems now. What shall I do? I have to submit custody document in one week to IRCC.

PLEASE help
Seriously, for the 4th time, you need to show proof that you have tried to get the medical done and that your ex refuses to cooperate.
 
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hameshalucky

Full Member
Sep 15, 2017
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What would count as proof to the IRCC that satisfies them? My ex wife who is not cooperative at all will not give anything in written or sign...
 

yourfather

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Jan 31, 2018
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What would count as proof to the IRCC that satisfies them? My ex wife who is not cooperative at all will not give anything in written or sign...
File a case against her, take the court order along with local cops, she shud sign or let you perform medicals on the child.

You can send a note to IRCC in webform asking for an extention and upload a detailed letter on the space given to upload the custody letter.

There isnt anything else you could do at the moment, you are wasting your time on this forum.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
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London
App. Filed.......
06/12
What would count as proof to the IRCC that satisfies them? My ex wife who is not cooperative at all will not give anything in written or sign...
If you are fighting her in court, show the court papers. Show chats/texts/emails from her refusing the medical. Contact her family, get your family to try to talk to her, send a registered letter.
 

hameshalucky

Full Member
Sep 15, 2017
26
0
In Pakistan it's very different from Europe and North Americas. My exwife has changed her residential address as well as her phone number. She didnt have an email address. I have no access to her family and I don't know where they are.. The court sent a notice to their address in record which came back.. she is not coming to the court at all.

Police will only act on the orders of the court.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
In Pakistan it's very different from Europe and North Americas. My exwife has changed her residential address as well as her phone number. She didnt have an email address. I have no access to her family and I don't know where they are.. The court sent a notice to their address in record which came back.. she is not coming to the court at all.

Police will only act on the orders of the court.
Then show all of that.
 

bootsal

Hero Member
Nov 3, 2015
911
159
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
In Pakistan the legal process is very slow in family matters.. how much extension should I request the IRCC?
Ircc probably knows how it works in Pakistan and there is also a possibility of them knowing what all you can do to contact her.
You probably need to think yourself what all you can show to ircc as afforts.
Try reaching out to any person who knows her or her whereabouts, relatives, friends.
 

hameshalucky

Full Member
Sep 15, 2017
26
0
The only way for me is to file an appeal in the court to meet my daughter.. then the court will order the police stations to find them.. if police are able to find them they will ask them to bring my daughter in the court..

Even after so much efforts and even after my daughter comes I still cannot take her out of court premises.. how can I do her medical and passport? In addtion to that to prepare her passport she will need national identity cards of both parents.. I dont have her mother's and as I said earlier my exwife ia not cooperative.

I am really stuck in this.. time is running out really fast.