Biological father doesn't allow child to apply for PR in Canada

[Janix]

Hi Guys,

I am asking for my sister who is planning to migrate here in Manitoba thru MPNP.
She is from the Philippines and she has a 5 yr old daughter.

She got separated from the father of her child and their relationship dissolved after my sister gave birth to their child. They were never married.
And from then on she raised her child by her own.
And up to now she is not getting any kind of support from the father.

We learned that CIC will not proceed the visa processing without the consent of both parents.
And the biological father doesn't want their child to migrate to other country.

It seems that the father will not sign on any document in regards the visa application of their child.
My question is, with this situation what options does my sister have?
Will a sole custody from a court will be enough for CIC?

Hope someone can give an advice or any article about this.

Thanks in Advance,
Janix

 

[Jeffuk88]

Hi Guys,

I am asking for my sister who is planning to migrate here in Manitoba thru MPNP.
She is from the Philippines and she has a 5 yr old daughter.

She got separated from the father of her child and their relationship dissolved after my sister gave birth to their child. They were never married.
And from then on she raised her child by her own.
And up to now she is not getting any kind of support from the father.

We learned that CIC will not proceed the visa processing without the consent of both parents.
And the biological father doesn't want their child to migrate to other country.

It seems that the father will not sign on any document in regards the visa application of their child.
My question is, with this situation what options does my sister have?
Will a sole custody from a court will be enough for CIC?

Hope someone can give an advice or any article about this.

Thanks in Advance,
Janix

I think the rule is there to prevent one parent from forcefully seperating a child from the other parent. I believe only evidence of abuse can counter the rule but im not 100%

 

[zardoz]

Hi Guys,

I am asking for my sister who is planning to migrate here in Manitoba thru MPNP.
She is from the Philippines and she has a 5 yr old daughter.

She got separated from the father of her child and their relationship dissolved after my sister gave birth to their child. They were never married.
And from then on she raised her child by her own.
And up to now she is not getting any kind of support from the father.

We learned that CIC will not proceed the visa processing without the consent of both parents.
And the biological father doesn't want their child to migrate to other country.

It seems that the father will not sign on any document in regards the visa application of their child.
My question is, with this situation what options does my sister have?
Will a sole custody from a court will be enough for CIC?

Hope someone can give an advice or any article about this.

Thanks in Advance,
Janix

Yes, she will need sole custody awarded by the court. Nothing else will satisfy IRCC if the biological father is actively refusing permission.

 

[canuck_in_uk]

I am asking for my sister who is planning to migrate here in Manitoba thru MPNP.
She is from the Philippines and she has a 5 yr old daughter.

It seems that the father will not sign on any document in regards the visa application of their child.
My question is, with this situation what options does my sister have?
Will a sole custody from a court will be enough for CIC?

Hi

It's a bit of a different situation than usual, as Philippine law automatically grants unwed mothers full custody of their illegitimate children. I know that others have used this law to be able to bring their children without petitioning the court or obtaining the father's permission.

If you search the forum, you will find a few older threads regarding this topic.