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Nadia2014

Newbie
Jan 13, 2014
7
0
Hello .
I need a good advice , my situation is very difficult so please ,when you would read it and if you know what to do in my case let me know ASAP but if you dont, dont answer back because its very serious, and i need only real facts to this topic.Thank you.

I'm permanent resident of Canada (4years) now im also married ti the Canadian citizen and i'm planning to become one as well, I have younger sister who's 12 years old , she is staying with our mother who's interests not to look after my sister, after i left Russia i thought if i would support my mother financially she would have pliantly of time to give my sister all parent care she would need, my mother doesn't work .I'm supporting them for 4 years from Canada by monthly payment 500$ at least and i haven't miss a payment i also pay my bills regularly in Canada and we(me and my husband) own a house here in Yukon Territory.But my mother doesn't look after my sister property and always put her in danger ..such as dont teach her what is right or wrong , she usually dont cook to my sister dont wash her clothes and stuff like that but the worse thing that happening atm is that my sister feel lonely and not needed not loved not cared about at home , which start bringing different issues to her life such as drinking , smoking and being friends with same kind of kids . i'm scared for her future and life .My mother just married dangerous man who are spend almost all his life in prison by stealing things from ppl ....My sister also feared for her life .but my mother dosn't seems to be caring much , she also drinks with him.Sometimes my mother abuses my sister fiscally by hitting her in the face if my sister tells me whats is going on .... we do have grandmother in same town but sadly my grandmother not better then my mother , by the father line family we are not communicating and my dearest father is dead .To go to police in that case , that would mean that they are going to do all they can which in Russia not much , taking her away from mother +putting her in baby houses (in Canada there is no such thing) but in Russia that means to the terrible place with also dangerous kids and the teachers that dont look after kids, in such places those ppl thaat work there dont give a damn about those kids, because of the little paycheck they are getting for doing that , there was many story's in the news about kids like that and their deaths . I do not wish this to my baby girl sister , she is very good girl by herself and also to the story of her school, her grades went so much down she doesn't do home work which all her teachers could prove and the class teacher never seen our mother on any kind of parent conferences with parents about grades and school like of kids.I need ur advice because its hurting her life very much and its doesn't let me live happy and i think im in depression over that, i think i need visit a doctor to talk about that i hardly sleep at nights and its effecting my marriage and social life .However i went million times thru looking for any information for my case . the only way i found is if my mother decline her mothers responsibilities on my sister and then i would adopt her from Canada , which not an option because once my mother give up on my sister the law agents would take her to that children house anyway and there is no guaranties that i would find her for adoption at all .Im lost and i begging anyone who knows any way for my situation, to share their knowledge with me .Im disappointed in some Canada's rules about my sister being to me a far part of family and someone like grandmother being close when all our life we go shoulder to shoulder with our brothers and sisters !!! However i had to accept that but is there any exceptional for cases like mine ? i believe there should be ! because Canada is all about family and protective in cases like that .Because i might not her biologic mother but i'm her sponsor for 9years (which i have prove of)and im the person who is communicating with her school and teachers .My sister is living not stabilize life full of danger which effecting her abilities to be happy and live healthy . I'm the only family that cares she have , please help us. Thank you
:( :-X :'(




Nadia.
 
You need to talk to an immigration lawyer. While your case is very sad, there is, as you have already found out, no route to sponsor her as a member of the Family Class. There is almost certainly no possibility of a refugee claim being made either. Your only possible option is an H&C based sponsorship, but for this you need to be talking to an experienced Canadian immigration lawyer (NOT consultant). One other possibility is that she could come to Canada to study for the next few years with you as her guardian. It's a long shot, but it's worth considering. It will however cost you a lot of money.
 
I have reviewed around 20 or so appeal cases on sponsorship of siblings, and not being a legal parental guardian guarantees a refusal. I know you are in a very difficult situation having your sister's well being at heart. I understand when you say that your mom would need to give up her parental rights, and your sister being put in basically an orphanage. Although what I will suggest may cost you a little bit of money and time, I think you should at least look at it as an option. I think you should try and relocate to Russia on temporary basis, in which time rent an apartment and start court proceedings amicably with your mom to transfer legal guardianship of your sister from your mom to yourself and your husband. It may take a year, or even a little longer in the courts in Russia but in the end, you will ensure your sister is safe living with you. Once you and your husband have legal guardianship of your sister, your husband should apply to sponsor her.

If during the sponsorship process you want to come back to Canada since you will already be a legal guardian you can look for a private school in Russia with residence (like a boarding school), it may be a little expensive but in such school your sister will have great care and first class education during while her sponsorship is being processed.
 
As Zadroz mentioned H&C may be an option and you can consult with a lawyer, however based on what I have reviewed so far, the government of Canada is unlikely to break international laws regarding adoptions. I think that you must first and foremost become the legal guardian.
 
Thank you all for the information , i do look forward to become her legal guardian but its also scare the way its should be done , such as ... my mother gladly will give up her rights but then my sister will have to go to house for those kind of kids(which is scary) and only then if i will be able to find her i could adopt her by me being in Canada .That is the only way Canadian law will welcome her as i have checked . However i heard that there is one more option for me which is : my sister coming here on education position , i will have to check this out and i think i need to consulate with an immigration lawyer to see what is my options :( The situation is very hard because its about life and ... There must be the way , i pray for it to be.




Thank you .
 
Nadia2014 said:
Thank you all for the information , i do look forward to become her legal guardian but its also scare the way its should be done , such as ... my mother gladly will give up her rights but then my sister will have to go to house for those kind of kids(which is scary) and only then if i will be able to find her i could adopt her by me being in Canada .That is the only way Canadian law will welcome her as i have checked . However i heard that there is one more option for me which is : my sister coming here on education position , i will have to check this out and i think i need to consulate with an immigration lawyer to see what is my options :( The situation is very hard because its about life and ... There must be the way , i pray for it to be.

Thank you .

Hi Nadia, if you apply to court, and you are in Russia, automatically guardianship will transfer from your mom to you, and not to the "state". Only in case where there is no other legal guardian she would end up in an orphanage (detskiy dom) Trust me I know what you mean and I know your concern. My cousin took guardianship of his little brother so I know the process, as long as your mom say ok, i want my daughter to be the guardian the court will agree, and will not put your sister in detskiy dom.
 
hi , thank you i have read what you said and its helpful to me , but if we look at Canadian side of the story, they want the child to be adopted by me being in Canada and the child in original country . And that's the only way that written on my options at the immigration section.:(however im planning to contact Russian embassy + immigration lawyer and territorial department of education and see what they have to say.
 
Nadia2014 said:
hi , thank you i have read what you said and its helpful to me , but if we look at Canadian side of the story, they way the child to be adopted by me being in Canada and the child in original country . And that's the only way that written on my options at the immigration section.:(however im planning to contact Russian embassy + immigration lawyer and territorial department of education and see what they have to say.

Yes, from Canadian point of view. The reason why is that if your mom continues to be the parental guardian if Canada helps you get your sister here, Canada would be permitting kidnapping, additionally I think it still may be the case that Russia has put a stop on inter-national adoptions. This is why I mentioned that you would need to go back to Russia for a little while, establish residence there and obtain guardianship of your sister. Here is a copy of the Russian Family code http://www.jafbase.fr/docEstEurope/RussianFamilyCode1995.pdf Once your mom is no longer the parental guardian, Article 18 would apply where the guardianship could be transferred to you, but you have to be in Russia for this.
 
Additionally, if you can try and find a family lawyer in Russia who is familiar with these types of cases.
 
Article 18.
Procedure for Dissolution of the Marriage
Dissolution of the marriage shall be effected at registry offices, and in the cases,
stipulated by
Articles 21-23
of the present Code - in court

Article 21.
Dissolution of the Marriage in Court
1.
A marriage shall be dissolved in court if the spouses have common underaged
children, with the exception of the cases stipulated by
Item 2, Article 19
of the present
Code, or if one of the spouses does not consent to dissolution of the marriage.
2.
A marriage shall also be dissolved in court if one of the spouses, while raising no
objections to it, avoids the dissolution of the marriage at the registry office (refuses to file
an application, does not wish to attend the registering of the dissolution of the marriage,
etc.).

Article 23.
Dissolution of the Marriage in Court If Both Spouses
Consent to the Dissolution of the Marriage
1.
If there is a mutual consent to the dissolution of the marriage on the part of both
spouses having common underaged children, or on the part of the spouses indicated in
Item 2, Article 21
of the present Code, the court shall dissolve the marriage without finding
out the motives behind the divorce. The spouses shall have the right to present to the court
an agreement on the children, envisaged in Item 1, Article 24 of the present Code. In the
absence of such an agreement, or if the given agreement infringes upon the interests of
the children, the court shall take measures to protect their interests in the procedure,
stipulated by Item 2, Article 24 of the present Code.
2.
Dissolution of the marriage shall not be effected by the court before the expiry of
one month from the date of the spouses' filing an application on the dissolution of the
marriage.


this is dont apply to my situation ... i will keep looking thru but its definitely not 18


Thank you
 
Nadia2014 said:
ok, find something in chapter 18 and its sounds like i need a lawyer in russia.


Thank you.

Yes sorry it is Chapter 18. Identification and Accommodation of Children Left Without Parental Care. You will definately need some help in Russia from a legal representative. Laws there as in many eastern european countries are a little backwards.