ADVISE PLEASE - When your child is not part of your application!

[Cindy1]

Updated.

1st attempt
So my husband when to the house, and called the police, as per their direction - no one was home.

2nd attempt
Returned to the house, called the policed, no one was home.

3 attempt
Went to the house, called the police, they were home. The mother, came outside and said that she would not allow the son to go anyone wit the father. She was yelling and screaming and said under no under certain terms. After about 30 an hour of trying to reasoning with her, with the police, it was evident that she wasn't going to budge. While my husband, had the court order that says they have joint custody they said that it was a civil matter at this point they could do nothing to force her to release his child, even just to visit.

My husband, filed a misdemeanor charge against her stating that she is prohibiting him from seeing their child.

He also went to the court house and requested assigned visitation for their son.

It's very unfortunately that he didn't get to see his son, although somewhat expected given her past behaviour.

We have three records of him calling the police to assist, one where it's docoumented that she refused to provide access or even allow the two of them to see each other.

Also we have that he has filed a charge against her, for this

Also that he has filed a request with the local court house for visitation.

It's our hope that with this, and also with a notarized letter from him stating that he has made reasonable attempts, and that he wishes to proceed with his application acknowledging the fact that this will prevent him from sponsoring his son in the future will suffice.

We are also going to ask for supporting letter to attest to this from his mother, father, sister and myself.

Hopefully, with this documentation CIC will show compassion and see that we have made reasonable attempts to obtain the medical, however have been refused.

I can only hope and pray that our application will continue to be processed with no additional delays, and that going forward we will seek structure visitation for his son.

If anyone has experience with something similar, advise, or legal counsel I would sincerely appreciate any insight or feedback you may have.

 

[Cindy1]

We just got this email, after we have sent them sworn affidavits of what we have gone through to try and get the medical along with the court documents that we filled stating that the mother is refusing access. We are lost at what we can do now :'(



>
> A REMINDER
>
> You were previously asked to submit the results of your medical examination to complete your application for permanent residence in Canada.
>
> Your application is still under active consideration. However, before we can conclude your case, we require the complete results of your medical examination(s) for XXXXXX., instructions for which were sent to you some time ago. If you have not yet undergone the examination or any additional tests that may have been requested, please arrange to do so as soon as possible in accordance with our previous instructions.
>
> We are unable to continue the processing of your application without the medical results. Please submit them within 60 days.
>
> If you have already undergone the examination, please respond to this email with the date, and the name of the designated medical practioner where you had your medical examination completed.
> Immigration Section
> Canadian Consulate General
> buffalo-im-enquiry@international.gc.ca

 

[rjessome]

We just got this email, after we have sent them sworn affidavits of what we have gone through to try and get the medical along with the court documents that we filled stating that the mother is refusing access. We are lost at what we can do now :'(



>
> A REMINDER
>
> You were previously asked to submit the results of your medical examination to complete your application for permanent residence in Canada.
>
> Your application is still under active consideration. However, before we can conclude your case, we require the complete results of your medical examination(s) for XXXXXX., instructions for which were sent to you some time ago. If you have not yet undergone the examination or any additional tests that may have been requested, please arrange to do so as soon as possible in accordance with our previous instructions.
>
> We are unable to continue the processing of your application without the medical results. Please submit them within 60 days.
>
> If you have already undergone the examination, please respond to this email with the date, and the name of the designated medical practioner where you had your medical examination completed.
> Immigration Section
> Canadian Consulate General
> buffalo-im-enquiry @ international.gc.ca

Send a reply stating what you have sent them and the date they received it. Tell them you have run out of options and that the mother of the child refuses to cooperate. Advise them again that your husband understands that he will never be able to sponsor his child.

If they refuse you based on this, you will have a good opportunity to get a reconsideration because you've done everything you can do. Send me a private message if that happens. They are trying to give every opportunity to get these medicals done. They don't like not including the children.

 

[Cindy1]

Thank you rejessome for your response.

We followed your advice, and replied the next day. I collected all the supporting documentation (even though we recently sent this in) and PDF's the documents and attached it to the email.

My husband re-stated that he understands that he will never be able to sponsor his son, as a result of not having the medical examination done.

We just got a reply back:

"Dear Applicant,

We are in receipt of your affadavit stating you are unable to have your son examined. Your file is with an officer for review. Nothing further is required from you at this time.

Regards,

Immigration Section
Canadian Consulate General
buffalo-im-enquiry@international.gc.ca



I'm afraid to get excited at the thought that a favorable decisions could be close, but I'm hopeful. Please please please please please please please.

 

[quakingaspen]

I hope this is good news for you two! You have certainly done all that could be expected and more to meet the requirements of the Visa Officers.

 

[Cindy1]

Thought I'd provide you with an update, for those that are interested as I appreciate the feedback and encouragment from the forum.

As you may recall my husband filed a charge against the mother of their child, for with holding access of their son. The court date to hear the case, and establish visitation/access happened on Monday.

The judge ruled in his favor, and beginning Friday he has access to his son every second weekend!!!! although he has to remain in the same state with the son (for now, and the court will reassess this at an later date)!!! This is great news, as he hasn't seen his son in quite sometime and is looking forward to reconnecting and building a relationship. Also, if the mother attempts to restrict access again she will be charged.

This has been (and continues to be) a very long and emotional journey. Even though initially I was very frustrated that CIC continued to push for his's son's medicals and we did not have access to his son, by them pushing it was the catalist for him to find his son and now he is anxiously waiting to see his son after so long.


Switching hats again, to the immigration side of things. If CIC is not satified with the documentation that we have sent them, the sworn affidavits, the court documents and continues to asks for us to obtain the medicals, there is still an obsticle. My husband gets access to his son, Friday evening to Sunday evening. In the state of VA there are three designated medical practioners, none of which are opened evenings or weekends. So if CIC continues to say they require this, and now he has access to his son on weekends, we still would be unable to obtain this, based upon "Hours of Operation".

 

[awor]

What a road Cindy. I'm sorry you have to go through this. Just a thought - you don't have to go to a doc in VA...see if there's one in a neighboring state that will do a weekend appointment.

Another option is to petition the court for a special mid-week visitation.. make the appointment and have your husband take it to show the judge. Summer is coming up so he wouldn't have to miss school.

 

[canadianwoman]

Yeah, try getting the child one week-day and getting the medical. Or see if you can get him very late one Friday afternoon (after all, when exactly does 'evening' begin?) and taking him for the last appointment of the day.
Maybe once the mother has seen the child go and return from a couple of weekend visits, with no harm done, she will calm down and agree to the medicals.
Even though it seems CIC is going to accept the application without them, it would still be better for the child's sake to get those medicals done.

 

[Cindy1]

Thanks for your replies. @ Canadianwoman evening as per the court order is 6:00 p.m.

The temporary order for visitation specifies that the child must remain in VA. Therefore he can't be taken out of state. This was only done to appease the mother as she (crazy) said, that she feels my husband is a flight risk as he is moving to Canada and may kidnap their child. Obviously nothing could be further from the truth.

Another court date is set for late August for the judge to review this stipulation, as my husband's US address is in NY. If everything goes well by their next court date, he will then be able to take his son across state lines and will have a greater chance to get the medical done. As this is just a new court order, the court and especially the mother would be unlikely to make any accommodations or concessions as this point.

Our best hope is that the Immigration Officer will see all our efforts to date, and not require the medical for his son (non-accompanying).

 

[chelley]

Our best hope is that the Immigration Officer will see all our efforts to date, and not require the medical for his son (non-accompanying).

i just read your whole story and i'd commend your husband for his efforts... I'm glad it's working out for him to make a relationship with his son...

but if the medical isn't done, the child will not be just non-accompanying, he will be not eligible for future sponsorship... since your husband has already gone to this extent, is he absolutely sure he wants to continue the application with his son unlisted, even if the VO allows it?... maybe now that the bond is being re-formed, there might be the option for the son to live in Canada in the future with him/you... he has until he actually lands to add the child to the application (still as unaccompanying but eligible for future)... as long as the medicals are done (since he won't be immigrating at this time they *shouldn't* require any permission or statement from the mother)

just a thought since he's been through so much already that he might not want to completely shut the door and make the efforts nothing more than academic...

best of luck

 

[canadianwoman]

I agree with Chelley. If the PR hasn't been received by the August court date, try to get the medicals done then and add the son.

 

[awor]

I had the same thought as well. In addition, if "crazy" mom ever dies, your husband becomes sole guardian and you would have to move to the US since he wouldn't be able to get PR in Canada. I've read it over and over again, they will never allow an application through if that medical isn't done.

 

[rjessome]

I had the same thought as well. In addition, if "crazy" mom ever dies, your husband becomes sole guardian and you would have to move to the US since he wouldn't be able to get PR in Canada. I've read it over and over again, they will never allow an application through if that medical isn't done.

They might on H&C grounds.

 

[chelley]

might be harder to prove if the father is given less restricted access to the child but just chose not add the son's medicals?...

not sure, but i say if there's opportunity to have them completed, he should try to do them...

he's come this far, seems almost silly to make all that effort a moot point (and the son is likely old enough to figure things out, and might just feel used if the only reason for the new interest in a father-son relationship is to satisfy an immigration officer that he tried to get a medical done... at least seeing it through, if possible, would let the son know that the father would want him in his life should he choose or need to make that decision in the future)...

 

[emrn]

i just read your whole story and i'd commend your husband for his efforts... I'm glad it's working out for him to make a relationship with his son...

but if the medical isn't done, the child will not be just non-accompanying, he will be not eligible for future sponsorship... since your husband has already gone to this extent, is he absolutely sure he wants to continue the application with his son unlisted, even if the VO allows it?... maybe now that the bond is being re-formed, there might be the option for the son to live in Canada in the future with him/you... he has until he actually lands to add the child to the application (still as unaccompanying but eligible for future)... as long as the medicals are done (since he won't be immigrating at this time they *shouldn't* require any permission or statement from the mother)

just a thought since he's been through so much already that he might not want to completely shut the door and make the efforts nothing more than academic...

best of luck

Does this mean if ever the medicals of the non acccompanying children that is in the custody of the estranged spouse cannot be submitted on the filling of the application they can still give the medicals of the boy if in case they get lucky that the son will agree to undergo medicals, they can still add the child and pass the medicals to the embassy just as long as the father hasnt landed in Canada yet?