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viictus

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Hi. According to the U.S. country specific instructions I need to provide passport information for myself and my dependent children. I do not have sole custody of my children and they will not be accompanying me to Canada as permanent residents. Their mother refuses to allow me to obtain passports for the children and therefore I am unable to comply with this requirement. I cannot get passports for my children without her consent as per U.S. guidelines.

What are my options? Do I need to go to court to force her to allow me to obtain the passports? Am I truly required to provide passport for my non-accompanying children? Does anyone have any advice on who I can contact for more clarity? I'm feeling like I have no recourse and that I am being forced to bend to my ex-wife's wishes. I just want to move to Canada and live with my spouse. Any advice would help a lot. Thank you.
 
You may need to swear an affidavit regarding all the circumstances preventing you from accessing the children, as there is a shared arrangement in place for custody, so legally you should be able to make decisions regarding them. CIC has to be convinced you are unable to do anything in the circumstances, otherwise they will say they cannot decide if you are admissible because they have been prevented from deciding if your dependents are inadmissible.
 
The sad thing is I can get access to the children for medicals and photos during their visits with me but I will never be able to get passports without the mutual consent of their mother. I have emails documenting her refusal to consent. I don't believe I can force her to do anything regarding the passports short of heading to court.
 
I think you should do everything you possibly can to have your children examined as part of your immigration process. If they are not examined and you do end up getting your PR status you will never be able to sponsor your children through Family Class even in the unfortunate event of the death of their mother. I am sure as parents you would both want to have reasonable custody/care giving plans should such happen, and it may not have been something that she has considered yet.
 
I have made her more than aware of the benefit of having the children examined. I even went as far as explaining what would happen to the children if she were to have an fatal accident in the future. Even then she flat out refused to allow the children to obtain passports. She honestly believes that having them listed in my application will somehow sign her rights over to me. I have done everything I can think of to convince her that her assumption is absolutely false. At this point I may have to go forward with the application and only include medicals/photos. I will supply an affidavit explaining the reason why passports are not available for the children.
 
viictus said:
I have made her more than aware of the benefit of having the children examined. I even went as far as explaining what would happen to the children if she were to have an fatal accident in the future. Even then she flat out refused to allow the children to obtain passports. She honestly believes that having them listed in my application will somehow sign her rights over to me. I have done everything I can think of to convince her that her assumption is absolutely false. At this point I may have to go forward with the application and only include medicals/photos. I will supply an affidavit explaining the reason why passports are not available for the children.

Do you think going to court could compel her? I would hate for your children to be on the losing end of this roadblock.

Lynn
 
Are you on good terms with any of her relatives or friends? If so, maybe you could get one of them to explain to her that she would not be jeopardizing her rights to custody by getting them passports. Or maybe ask her to hire a lawyer to explain her legal rights - and offer to pay for whoever she chooses.
 
It has also come to my attention that I cannot even obtain medical examinations for the children without their passports. I have no other way to properly identify them for their exams without using them. Since I can't force her to consent, am I mistaken to assume that her refusal will cause my children to be ineligible for sponsorship in the future since they will not be able to be examined as non-accompanying dependents while I am being sponsored?

Will that mean I have to give written acknowledgement when I apply for PR that I understand my children will never be able to be sponsored? I will supply emails showing my attempts to reason with and contact my ex-wife. I really don't want to close the door on my children but I'm feeling like I have no choice.
 
viictus said:
It has also come to my attention that I cannot even obtain medical examinations for the children without their passports. I have no other way to properly identify them for their exams without using them. Since I can't force her to consent, am I mistaken to assume that her refusal will cause my children to be ineligible for sponsorship in the future since they will not be able to be examined as non-accompanying dependents while I am being sponsored?

Will that mean I have to give written acknowledgement when I apply for PR that I understand my children will never be able to be sponsored? I will supply emails showing my attempts to reason with and contact my ex-wife. I really don't want to close the door on my children but I'm feeling like I have no choice.

Is there a reason you can't get a lawyer and take her to court? I just can't imagine going forward knowing that no matter the circumstances they could never come to Canada to live.

Also if they don't have passports doesn't that mean they can't come to Canada to visit you too? It would be a shame if in a year or two from now your wife allowed them to get passports to visit...when she could have just done it now....

I really would suggest you get a lawyer...maybe it wil be enough to get her to reconsider.
 
They are able to visit Canada using their birth certificates (US/Canada crossing via car). Unfortunately I cannot afford to go to court as I don't have the funds.
 
In my divorce/custody agreement it states:

Each of the parties shall be free from interference, authority or control, direct or indirect, of the other party in the same manner as if unmarried, and may reside from time to time at such places where he or she may desire and may engage in any occupation, employment or business which he or she may choose, without restraint or interference, direct or indirect, by the other party.

The parties shall not molest, malign, disturb or interfere with each other in any manner.

I have joint legal custody with physical custody being with the mother. In regards to major decisions involving the children it states:

In accepting the broad grant of privileges conferred by this join custodial arrangement, the parties specifically recognize that these powers shall not be exercised for the purpose of frustrating, denying or controlling in any manner the life style of the other parent.

In my mind, her denial to consent to obtaining our children's passports for my immigration process is in a direct violation of our divorce decree. Am I mistaken in this assumption? I will do my best to beg, borrow and steal the money to at least talk to a lawyer.

Thank you thus far with this frustrating subject.
 
Wait a minute! They don't need passports since they are not accompanying you.

From OP Manual 2

5.10. Non-accompanying family members
Applicants must declare all family members when applying for a visa and must again declare all
family members, whether accompanying or not, prior to obtaining permanent resident
status. Permanent residents who did not declare all their family members on their application are
reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5
below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether
accompanying or not, must be examined, unless the appropriate officer determines that they are
not required by the Act or the former Act to examine the family member [R117(10)]. Family
members who were not declared and examined are excluded from the family class and may not
be sponsored at a later date as per R117(9)(d) unless R117(10) applies.

Non-accompanying family members must undergo medical examinations. They must also
establish that they are not inadmissible for criminal or security reasons. If the requirement for
minimum necessary income is applicable, sponsors must demonstrate that they can support all
family members, including non-accompanying family members.

Non-accompanying family members need not be in possession of a passport or travel document.

And this is from the DMP handbook:

2.2 The photograph of the applicant attached to the IMM 1017 or IMM 1017 EDE-EFE must match that on the government-issued photo-identity document, such as a passport or national identity card, and the appearance of the person attending for the IME. Discrepancies should be brought to the attention of the regional medical officer.

When a passport is not available, only an original national identity document incorporating a current photograph, full name, date of birth and signature can be substituted. The national identity card should have been issued within the last 10 years. Only original identity documents should be used.
• Photocopies (certified or not certified) of passport or national identity documents are not acceptable.

Once the applicant’s identity is confirmed, the photograph is to be stamped in the right corner by the DMP with the DMP stamp as acknowledgement and confirmation of identification of the applicant.

So there may be a way around this for the medical examination. Call a DMP and ask them what they will accept. A birth certificate and school ID? I don't know how old your children are but maybe they have drivers licenses? You CAN ask CIC what to do as well by advising them honestly of your situation, letting them know that you can get the children medicallly examined, you just can't get passports. Perhaps they may instruct a DMP regarding what identification they will accept.

Try the above before disrupting your children's lives by start a court action.
 
My children are all under the age of 12 and US citizens. So I'm not sure what types of ID are available in my case. I will call CIC tomorrow and see what can be done. I would really like to avoid a legal battle as this is really a trivial issue.
 
viictus said:
My children are all under the age of 12 and US citizens. So I'm not sure what types of ID are available in my case. I will call CIC tomorrow and see what can be done. I would really like to avoid a legal battle as this is really a trivial issue.

Don't rely on the Call Centre about this. It is a decision that will be made by a VO or Program Manager at the visa office level. A clerk at the call centre is not the place to get your information on this. Call a DMP first and see if they will accept any other form of ID.

If they won't, submit your application without the passports and medicals of the children. Write your explanation in the cover letter. Advise that you CAN have the children medically examined but need guidance on how to complete the medical for them without passports. Explain your attempts to work with their mother to obtain passports and explain the laws in the US regarding both parent's consent. Ask them if it's possible for them to provide you with a letter to take to the DMP to allow completion of medicals using alternative identification.
 
Thank you for the advice. Currently their mother remains adamantly against passports for the children. Her husband and mother are telling her that she will lose the children and that having passports will make it easier to abduct the children. I have never been late returning the children after my visitation nor have I ever made any threats to abduct them but with that type of voice whispering in your ear it's impossible to convince her otherwise. I had a few of her other family members speak on my behalf but they were heard with deaf ears. I don't even want the passports in my care past using them to get the medicals done. I have told her on numerous occasions that she can keep the passports with her permanently.

Hopefully something can be done.