At a loss...

[awor]

Your ex is just being a shit because she can. Even with passports, with the child abduction laws what they are, you have to have either sole custody or her written permission - with her contact info - to show the border. Every time I've crossed, they read every single page of my divorce papers to ensure I do indeed have sole custody. Canada WILL NOT let you into the country with those kids without either sole custody or her permission. The US WILL NOT let you leave he country with them without that proof.

 

[saralune]

Could you ask her to come with you at the DMP ? She can keep track of the passeport and you get those tests done.

 

[viictus]

I have asked her exactly that. I even encouraged her to come but she flat out refused.

 

[viictus]

Getting her permission to cross the border the first time was a nightmare too.

Your ex is just being a *censored word* because she can. Even with passports, with the child abduction laws what they are, you have to have either sole custody or her written permission - with her contact info - to show the border. Every time I've crossed, they read every single page of my divorce papers to ensure I do indeed have sole custody. Canada WILL NOT let you into the country with those kids without either sole custody or her permission. The US WILL NOT let you leave he country with them without that proof.

 

[awor]

Can your spouse or inlaws help with funds to take her to court? If its at all a possibility, tell her all you want is to ensure the children have a home if she dies and if it takes going to court - where a judge will see your side, especially if the lawyers brings in testimony from an immigration professional - then so be it.

 

[rjessome]

Can your spouse or inlaws help with funds to take her to court? If its at all a possibility, tell her all you want is to ensure the children have a home if she dies and if it takes going to court - where a judge will see your side, especially if the lawyers brings in testimony from an immigration professional - then so be it.

This isn't necessary. The visa officers are aware of difficulties in custody matters. I am an immigration professional and I'm telling you how to handle this. Add a sworn affidavit or statutory declaration to your application package describing all of the efforts you have made to facilitate getting passports for the children as well as your ex's response. State that you can get the medicals conducted but the difficulty is with providing acceptable ID at the time of examination. But call the DMP FIRST! See if there is any other form of identification you can provide for the children to get the medicals completed.

You can choose to continue to freak out over this or try to enlist the help of the DMP and/or the VO to overcome this issue. If the DMP can't cooperate, then move on to the VO. It CAN be done.

 

[awor]

This isn't necessary. The visa officers are aware of difficulties in custody matters.

For my own clarification - not necessary to get him his PR, or what? If he can sponsor his children at a later date without the medicals because his ex was a *censored word* and the VO accepts it, ok, but everything I've seen posted here says NO MATTER WHAT if those medicals aren't done, there is no way... I've never seen a post where the VO ok'ed future sponsorship without medicals?

ETA: My DMP (Oregon) said bring passports for all of us, or no exam. The passport number goes on the form and had to be included, there wasn't a way around it.

 

[rjessome]

For my own clarification - not necessary to get him his PR, or what? If he can sponsor his children at a later date without the medicals because his ex was a *censored word* and the VO accepts it, ok, but everything I've seen posted here says NO MATTER WHAT if those medicals aren't done, there is no way... I've never seen a post where the VO ok'ed future sponsorship without medicals?

ETA: My DMP (Oregon) said bring passports for all of us, or no exam. The passport number goes on the form and had to be included, there wasn't a way around it.

Not necessary to take his ex to court at this point. Yes, he will have to get the medicals done BUT the VO may provide a letter instructing the DMP to do the medicals without the passports. DMPs work for CIC and must do as instructed by them.

This forum is NOT a legal resource. It is people sharing their experiences and information. Most are not professionals in this area of law. I am. I know from experience that there IS a way around it. It is not easy but it is possible. I don't care what's written on the forum. His situation is unique and most don't have the experience to advise him. His issue is NOT that he can't make the children available for examination. He can. The issue is that they don't have passports to present at the examination. Very different.

 

[canadianwoman]

I'd also suggest contacting more than one DMP, if necessary. If the first refuses to do the exams without a passport, try another. They often seem a bit vague about the rules, so out of 5, for example, you might get lucky with one.