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@scylla, can I please get your thoughts on these articles of the UNCRC as part of my arguments? Would really appreciate your thoughts. Thank you. Article 9 1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent...

“The federal high court is often disdainful of suggestions that the ability of children to communicate with their father electronically or see them once a year is a sufficient mitigating factor on the physical separation of parents from children. In Yang v Canada 2019FC 1236, for example, the...

Thank you very much for the resource provided. I have actually read it and currently perusing some caselaw I. That regard also. My previous comment was actually a tongue in cheek one and not meant to be serious at all. I guess I was venting a bit :-)

If the visa officer feels that it is okay to exclude me because the children were habitually resident in the UK and being a first world country, then Canada is not so big on family reunification as it purports to be. Just because children will not face economic hardship does not mean been...

Do you have children of your own? Will you be content to keep travelling back and forth to see them a few times in a year and only get to spend 2weeks maximum at a time because your workplace can only permit you 2weeks in the year? If you want to play an active role in your children’s lives and...

oh I never thought for a second that choosing to go that route would mean a guarantee positive outcome. I understand that it is a discretionary rule but as that seems the only Plausible route aside study permit, I was seriously considering it. The worst that could happen is refusal and...

Do you have children of your own? Will you be content to keep travelling back and forth to see them a few times in a year and only get to spend 2weeks maximum at a time because your workplace can only permit you 2weeks in the year? If you want to play an active role in your children’s lives and...

Yes, I fear that refusal of the H&C visa will mean that I’ll be excluded from entering Canada in the future as my true intentions will be in question but could they really exclude children who have to see their father as the courts have stipulated it? I’m thinking that the best interest of a...

Thank you Scylla. I’m a masters degrees holder in my late 30s with a background in finance but currently self employed as it gives me the flexibility to be present for the kids. My earnings come from my online businesses. I am also a British citizen. The father would like to apply for the...

Hello, id like to know your thoughts please. Im a UK resident mother of 2. My children’s father is resident in Canada with PR and he has recently been granted visitation rights. At present, the visitation takes place via FaceTime which can be inconvenient and leaves the children in tears when...

Sorry I hadn’t finished responding when I posted the reply. I was saying that I have a faint knowledge about The Hague convention as it pertains child abduction. This is why I thought getting a court order which would have to be mirrored in Canada will avail me of a court proceeding in Canada as...

Yes you’re right. I have some idea about The Hague convention. He had already gained PR before we met so the children were merely born to a PR resident who should have subsequently filed for them to come to Canada from the UK. I guess he couldn’t do it any longer after we broke up because the...

What benefit will it be for Canada to stop me from returning to the UK with my kids when I wouldn’t even be able to stay to co-parent because I will be lacking legal status. The most he will get is visitation rights (I’m not opposed to that), but I’d still have sole custody and can therefore...

The children were born after he had already become a permanent resident. The plan was for me to move over under spousal sponsorship but the relationship broke down. He claimed to have informed IRCC of the birth of his children but I don’t know how far that is true, but nevertheless, he would...

Thank you so much for taking the time out to assist me. I really truly appreciate it. Everything you have said rings true to what I have been able to glean from the internet. Yes, I will be pursuing this route instead. Again, thank you very much for your time.

That’s if he seeks custodial rights, I believe? If the process necessitates me travelling to Canada, then I would seek sole custody in the UK before before going.

Although, I would love to raise the kids in Canada with them having access to their father as I believe every child deserves that. It will also provide me some relief too as we would be able to share the responsibilities but I didn’t think that simply getting child support will mean I can stay...

Yes, that’s the plan. I might not have to go to Canada after all.

Lawyer fees can be astronomical! Hence my seeking advise from experience hands. Moreso, I didn’t think I’d have to employ a lawyer except there will be contention on my EX’s part. If we are in agreement, we could come up with a parenting agreement and get the courts to ratify - or so I thought.

I appreciate your response. After scouring through the internet, it appears that I might actually be able to get a child maintenance court order here in the UK which can be enforced in Canada. I suppose with that order, a child support application will then be launched against my Ex partner in...