Child Custody Doc Requested, Delhi Applicant

[applicant12]

I am applying for PR for my daughter who is in Nepal through CIC Delhi, mother not accompanying. They are done DNA test already and the last document they are asking is a child custody document from a competent court in Nepal. Specifically, they are asking me to

"provide an order from competent court in Nepal that child, xxxx xxxx, is in your complete custody and that there is No Objection in the child being removed from Nepal on a permanent Immigration basis. This must be received at this office by: xxxx/xx/xx".

Now the problem is I dont know what they are exactly asking for. Do I have to file a case in a court to get the order? Against whom? Everyone is in agreement, so I dont know who to file case against. And the courts do not issue any order or no objection letter unless it is a decision of a case. Noone actually even goes to court if they dont have any case to file.

Can anyone help me here in this regard?

 

[Gumper]

What do you mean by DNA tests? Is there a paternity issue as well? Is the child's current mother also the biological mother? Is she compliant with the child leaving Nepal? Can you provide more context? (Have you researched Nepalese/Indian laws on parental custody?)

One solution (I'm surprised CIC didn't suggest it) is for you to get the mother to complete IMM5604. It is essentially a release form from the non-accompanying parent. Maybe you could ask VO in Delhi if that would suffice (assuming the mother will comply).

 

[truesmile]

My question is, what do you mean by "Everyone is in agreement"? People just saying so will not be sufficient. Are you separated, divorced, neither, never married? Does the mother have status in Canada?

 

[applicant12]

What do you mean by DNA tests? Is there a paternity issue as well? Is the child's current mother also the biological mother? Is she compliant with the child leaving Nepal? Can you provide more context? (Have you researched Nepalese/Indian laws on parental custody?)

One solution (I'm surprised CIC didn't suggest it) is for you to get the mother to complete IMM5604. It is essentially a release form from the non-accompanying parent. Maybe you could ask VO in Delhi if that would suffice (assuming the mother will comply).

Well they asked for DNA Tests to prove our daughter-father relation and we completed that. I was never married to my daughter's mother. And the mother is in complete compliance with the child leaving Nepal.

 

[Gumper]

Well they asked for DNA Tests to prove our daughter-father relation and we completed that. I was never married to my daughter's mother. And the mother is in complete compliance with the child leaving Nepal.

So it would seem to me that IMM5604 is your solution. Again, surprised the VO didn't suggest it. Maybe ask them if that will suffice -- if the mother is compliant it's a straightforward form to complete (just needs to be notarized, signed by the mother, with a copy of her ID).

 

[patricia1028]

what to do if the former partner refused to sign the IMM5604

HI, I am a filipina married to a Canadian. We got married last yr. The embassy received our application for family class visa Dec. Last yr. June 30 of this yr the immigration sent me an email asking me to fill up the form IMM5604. But the problem is, the biological father of my 2 kids refused to sign. Ive been a solo parent since we parted ways. I never received any financial support for the kids. My kids are 10 and 8 yrs old.My x and I were not married. But like me, he is also married now.I went to DSWD to discuss the matter. But they said, under Philippine goverment, I can bring my kids without his permission since my kids are under my name not his. And that I am a solo parent. I also have an id proving that I am a solo parent. Our DSWD told me to send the immigration a letter stating that i have discussed this matter with them and they said I can bring my brings to Canada and I dont need my x permission. What are my chances on this matter. If i send back the form empty, will the immigration acknowldege my letter ? Or the immigration will refused our visa because my x wont sign it. What happens if the biological father is no where to to be found?Will that make any difference? Pls help me with this matter coz i only have limited days to submit the form. Immediate reply will be very much appreciated...pls We need to know our chances right a away...

 

[Gumper]

Re: what to do if the former partner refused to sign the IMM5604

HI, I am a filipina married to a Canadian. We got married last yr. The embassy received our application for family class visa Dec. Last yr. June 30 of this yr the immigration sent me an email asking me to fill up the form IMM5604. But the problem is, the biological father of my 2 kids refused to sign. Ive been a solo parent since we parted ways. I never received any financial support for the kids. My kids are 10 and 8 yrs old.My x and I were not married. But like me, he is also married now.I went to DSWD to discuss the matter. But they said, under Philippine goverment, I can bring my kids without his permission since my kids are under my name not his. And that I am a solo parent. I also have an id proving that I am a solo parent. Our DSWD told me to send the immigration a letter stating that i have discussed this matter with them and they said I can bring my brings to Canada and I dont need my x permission. What are my chances on this matter. If i send back the form empty, will the immigration acknowldege my letter ? Or the immigration will refused our visa because my x wont sign it. What happens if the biological father is no where to to be found?Will that make any difference? Pls help me with this matter coz i only have limited days to submit the form. Immediate reply will be very much appreciated...pls We need to know our chances right a away...

Hi Patricia - I understand your predicament. One question I would have: Is the biological father's name on the birth certificate of one or both of the children? If yes, that would most likely be the reason CIC sent you IMM5604. Even though you have otherwise fulfilled all the obligations of single parent / sole custody in DSWD's eyes it's not sufficient for CIC if there is potential for legal conflict with the other documented bio-parent. If the father is not on the BC's then there is absolutely no reason CIC should be asking you to complete that form. I have a list of some of the legal precedents and specific laws on this, you can PM me for those if you like. I would also suggest you get your husband to contact his MP (Member of Parliament) in Canada to help you ... but if the children are not completely "illegitimate" (no father on BC) they might not be able to do much either, since it comes down to the lack of cooperation of your ex. Is there a reason (that you can share) why he is stonewalling you? Does he still see the kids and legitimately not want to see them leave the Phils or is he just being a spiteful jerk?

 

[Kohana]

what to do if the former partner refused to sign the IMM5604

HI, I am a filipina married to a Canadian. We got married last yr. The embassy received our application for family class visa Dec. Last yr. June 30 of this yr the immigration sent me an email asking me to fill up the form IMM5604. But the problem is, the biological father of my 2 kids refused to sign. Ive been a solo parent since we parted ways. I never received any financial support for the kids. My kids are 10 and 8 yrs old.My x and I were not married. But like me, he is also married now.I went to DSWD to discuss the matter. But they said, under Philippine goverment, I can bring my kids without his permission since my kids are under my name not his. And that I am a solo parent. I also have an id proving that I am a solo parent. Our DSWD told me to send the immigration a letter stating that i have discussed this matter with them and they said I can bring my brings to Canada and I dont need my x permission. What are my chances on this matter. If i send back the form empty, will the immigration acknowldege my letter ? Or the immigration will refused our visa because my x wont sign it. What happens if the biological father is no where to to be found?Will that make any difference? Pls help me with this matter coz i only have limited days to submit the form. Immediate reply will be very much appreciated...pls We need to know our chances right a away...

**hi ma'am, do u have any updates on this? Did u get approved without a court custody? A response will be greatly appreciated!

 

[queencoxie]

Hello, can I get the precedents if you still have them please?