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Sep 23, 2019
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Hello,

I live in WA state. I share two children with my ex. We were never married and never put a parenting plan into place because we agreed to split the kids 50/50, which until a couple months ago has been the case. He recently got married to a Canadian (in July) and is trying to put together a family sponsorship with his new wife including our children. He says that it is so the girls can be with him in Canada when it's his time to have them. My concern is that if I allow this sponsorship to happen, does that give him free reign to take the kids out of the US whenever he wants? I'm not scared he's going to take them and never bring them back. But I am worried that if I sign an affidavit that I'm not objecting to the family sponsorship, that it's going to make things more difficult down the line when I do get a parenting plan into place. I want the girls to be able to spend time with their dad but I don't know if they need to be sponsored in order to be in Canada with him. He seems to think that we will continue the 50/50 split, but I don't see that as being feasible with the girls being in school. I live in Blaine close to the border, but it seems unreasonable to make them go back and forth. Any help in this matter is appreciated.
 
HI

Hello,

I live in WA state. I share two children with my ex. We were never married and never put a parenting plan into place because we agreed to split the kids 50/50, which until a couple months ago has been the case. He recently got married to a Canadian (in July) and is trying to put together a family sponsorship with his new wife including our children. He says that it is so the girls can be with him in Canada when it's his time to have them. My concern is that if I allow this sponsorship to happen, does that give him free reign to take the kids out of the US whenever he wants? I'm not scared he's going to take them and never bring them back. But I am worried that if I sign an affidavit that I'm not objecting to the family sponsorship, that it's going to make things more difficult down the line when I do get a parenting plan into place. I want the girls to be able to spend time with their dad but I don't know if they need to be sponsored in order to be in Canada with him. He seems to think that we will continue the 50/50 split, but I don't see that as being feasible with the girls being in school. I live in Blaine close to the border, but it seems unreasonable to make them go back and forth. Any help in this matter is appreciated.

1. You should tell your ex, that he should include the children as non accompanying, and that they will have the Immigration medical exam. This will allow them to be sponsored in the future (present law up to the age of 22.)
2. You really should get your parenting plan sorted out.
3. The problem will arise, in that if they visit him, as visitors they won't be able to attend school, nor will they have medical insurance in Canada.
 
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You really should broach the parenting plan now. Wouldn’t do non-accompanying. He will have to spend another 5-10 and more time and money to sponsor.

There are residency requirements for things like healthcare so the children may never qualify for healthcare in Canada. There is also a residency requirement to keep PR. If your children and nearing kindergarten age it is really important to discuss this now since it could take a while to figure out what is best. These things are also not final and can be adjusted later on. Financial support goes along with child custody. These things need to be considered especially if he is moving and in a new marriage and new country. If you all of a sudden may have support payments you need to start budgeting for them and your plans may change knowing you will have these payments.
 
So, I have no interest in the kids becoming citizens of Canada. I just want them to be able to visit their dad on a semi-regular basis. Do they even need to be sponsored to do that? I guess I don't understand what the kids being sponsored will do

You really should broach the parenting plan now. Wouldn’t do non-accompanying. He will have to spend another 5-10 and more time and money to sponsor.

There are residency requirements for things like healthcare so the children may never qualify for healthcare in Canada. There is also a residency requirement to keep PR. If your children and nearing kindergarten age it is really important to discuss this now since it could take a while to figure out what is best. These things are also not final and can be adjusted later on. Financial support goes along with child custody. These things need to be considered especially if he is moving and in a new marriage and new country. If you all of a sudden may have support payments you need to start budgeting for them and your plans may change knowing you will have these payments.
 
So, I have no interest in the kids becoming citizens of Canada. I just want them to be able to visit their dad on a semi-regular basis. Do they even need to be sponsored to do that? I guess I don't understand what the kids being sponsored will do

The kids need to be included in his application. Not really an option. They could be non-accompanying. As US citizens they can easily visit their father semi-regularly. The father should have some form of documentation that you approve of taking the kids to Canada when crossing the border. Once they become PRs not sure if they will need a letter. If you are afraid of your ex wanting to have the kids come to Canada permanently it would be a good idea to start working on a custody agreement.