Consent of both Parent to get GCMS notes..,ex refuses ..!!

[Yorker13]

Hi,


I was sponsiring my minor children who live with their mother (ex-wife) outside Canada, she recently got Custody , want to apply for GCMS notes, to see the officers detailed notes on the sponsorshipr application.

while going through the required documents, i came across a consent form that must be filled by both parent or one parent with CANADIAN COURT ORDER ( PROOF OF CUSTODY) .

my ex-wife, refused to sign and i dont have custody or a court order, what to do in this case ?, its my application and i need to see the details as the sponsoring father..!!

is there a petition to request a court order in canada to be granted consent by court , i am in ontario, how to do that?

 

[Naturgrl]

Hi,


I was sponsiring my minor children who live with their mother (ex-wife) outside Canada, she recently got Custody , want to apply for GCMS notes, to see the officers detailed notes on the sponsorshipr application.

while going through the required documents, i came across a consent form that must be filled by both parent or one parent with CANADIAN COURT ORDER ( PROOF OF CUSTODY) .

my ex-wife, refused to sign and i dont have custody or a court order, what to do in this case ?, its my application and i need to see the details as the sponsoring father..!!

is there a petition to request a court order in canada to be granted consent by court , i am in ontario, how to do that?

It isn't your application. It is your children's applications with you as sponsor. How did you fill out their applications without your ex's approval? You need a court order or her consent.

 

[Yorker13]

It isn't your application. It is your children's applications with you as sponsor. How did you fill out their applications without your ex's approval? You need a court order or her consent.

she signed the non-accompanying consent form at the beginging of the application,

shall i include it in leu of the consent letter or the custody order,..!

 

[Naturgrl]

she signed the non-accompanying consent form at the beginging of the application,

shall i include it in leu of the consent letter or the custody order,..!

If she co-signed then she needs to co-sign any documents or ATIP notes going forward. She must be included and sign. If she will not then you need to show that you have full custody or a court order that you do.

 

[canuck78]

Given that she has informed IRCC that she now opposes the sponsorship and has full custody the sponsorship will no longer be possible. This is really a family law situation and no longer an immigration issue. Unless you are able to get her permission or a court order allowing you to sponsor the children there is no path forward when it comes to sponsorship. What you want to happen and what may be possible are different. Given how many extensions you have had expect this attempt at sponsorship to be refused. If your ex-spouse agrees to the sponsorship, you get a court order to allow the sponsorship/landing or when your children turn 18 you can apply to sponsor them again.

 

[Yorker13]

Given that she has informed IRCC that she now opposes the sponsorship and has full custody the sponsorship will no longer be possible. This is really a family law situation and no longer an immigration issue. Unless you are able to get her permission or a court order allowing you to sponsor the children there is no path forward when it comes to sponsorship. What you want to happen and what may be possible are different. Given how many extensions you have had expect this attempt at sponsorship to be refused. If your ex-spouse agrees to the sponsorship, you get a court order to allow the sponsorship/landing or when your children turn 18 you can apply to sponsor them again.

i understand,

now I want to know what the officer have noted down in the sponsorship application , I am sure she sent IRCC the updates, i want that proof, because i can proof to the court in UAE that was not the best interests of the children who dont have health insurance or proper private shcools in UAE and she denied them that option for no reason at all at least to let them have PR status which make it easier for them inculding her to join in the future.

the letter i received from IRCC only asks for to proof i have permission to take the children permenantly to canada, without mentioning what was the cause of the question or who sent them the information, although the court is not yet finalized and we are the supreme court she took the 1st virdict and sent it to the IRCC.

 

[Naturgrl]

i understand,

now I want to know what the officer have noted down in the sponsorship application , I am sure she sent IRCC the updates, i want that proof, because i can proof to the court in UAE that was not the best interests of the children who dont have health insurance or proper private shcools in UAE and she denied them that option for no reason at all at least to let them have PR status which make it easier for them inculding her to join in the future.

the letter i received from IRCC only asks for to proof i have permission to take the children permenantly to canada, without mentioning what was the cause of the question or who sent them the information, although the court is not yet finalized and we are the supreme court she took the 1st virdict and sent it to the IRCC.

You need a family lawyer with immigration knowledge. So you need her consent to get ATIP/GCMS notes since she co-signed. Why don't you get your children health insurance or enroll them in schools yourself to show that you are co-parenting and care for your children.

If separated of course IRCC is going to ask for proof that you have permission for children to leave the country. That would be kidnapping if you do not have permission.

 

[Yorker13]

You need a family lawyer with immigration knowledge. So you need her consent to get ATIP/GCMS notes since she co-signed. Why don't you get your children health insurance or enroll them in schools yourself to show that you are co-parenting and care for your children.

If separated of course IRCC is going to ask for proof that you have permission for children to leave the country. That would be kidnapping if you do not have permission.

she didnt co-sign the sponsorship

she just signed the non-accompanying parent and consent for the kids to immigrate with me to canada,

thats two different things.

i am providing for my kids, but why did we make choice to immigrate to canada to beging with if i will spend my income to cover living expenses for my ex-wife who selfishly decided to live in oil expensive rich country and keep my children there..!! she kidnapped my children not me ,

by the way, i have court order to travel with the kids to canada for a week to complete their PR application. but she refused to hand them over and sent IRCC request to cancel the application. so i want to show that behavour to the court as she acted against the best interest of the children

 

[canuck78]

i understand,

now I want to know what the officer have noted down in the sponsorship application , I am sure she sent IRCC the updates, i want that proof, because i can proof to the court in UAE that was not the best interests of the children who dont have health insurance or proper private shcools in UAE and she denied them that option for no reason at all at least to let them have PR status which make it easier for them inculding her to join in the future.

the letter i received from IRCC only asks for to proof i have permission to take the children permenantly to canada, without mentioning what was the cause of the question or who sent them the information, although the court is not yet finalized and we are the supreme court she took the 1st virdict and sent it to the IRCC.

Not having access to private school or health insurance doesn’t override a custody decision by the court. Easier transition in the future to Canada if your children want to be sponsored at age 18-22 does not override a custody agreement given your ex-wife full physical custody of the children. Your ex wife also doesn’t have a realistic pathway to move to Canada so that is not a factor. This is a family law issue. Given that you don’t actually want the children to live with you in Canada then your best option is actually to wait until they are 18+ if they want to be sponsored unless you can get a court order overruling the current custody agreement.

 

[Naturgrl]

she didnt co-sign the sponsorship

she just signed the non-accompanying parent and consent for the kids to immigrate with me to canada,

thats two different things.

i am providing for my kids, but why did we make choice to immigrate to canada to beging with if i will spend my income to cover living expenses for my ex-wife who selfishly decided to live in oil expensive rich country and keep my children there..!! she kidnapped my children not me ,

by the way, i have court order to travel with the kids to canada for a week to complete their PR application. but she refused to hand them over and sent IRCC request to cancel the application. so i want to show that behavour to the court as she acted against the best interest of the children

She signed the non accompanying form so you need her consent for access to information. This is an issue between you and your ex. If she kidnapped them then have her charged with kidnapping. She didn't take them from Canada so whatever country she fled with them and then went to is for those courts to decide. Not a Canadian issue for custody. If she refused to hand the kids over then she should be charged in that country.

 

[canuck78]

she didnt co-sign the sponsorship

she just signed the non-accompanying parent and consent for the kids to immigrate with me to canada,

thats two different things.

i am providing for my kids, but why did we make choice to immigrate to canada to beging with if i will spend my income to cover living expenses for my ex-wife who selfishly decided to live in oil expensive rich country and keep my children there..!! she kidnapped my children not me ,

by the way, i have court order to travel with the kids to canada for a week to complete their PR application. but she refused to hand them over and sent IRCC request to cancel the application. so i want to show that behavour to the court as she acted against the best interest of the children

IRCC isn’t in the business of determining what is best for your family given your divorce. She has the right to cancel the sponsorship and prevent travel given she has been awarded full physical custody.

 

[canuck78]

She signed the non accompanying form so you need her consent for access to information. This is an issue between you and your ex. If she kidnapped them then have her charged with kidnapping. She didn't take them from Canada so whatever country she fled with them and then went to is for those courts to decide. Not a Canadian issue for custody. If she refused to hand the kids over then she should be charged in that country.

The courts have already decided and she informed IRCC that she was awarded full physical custody of the children so she has the right to cancel the sponsorship and prevent any travel without her consent. This is a family law issue.

 

[Yorker13]

Ok
Thanks for your advices

Any answers regarding the original question.

How to access the GCMS notes without ex wife consent ?.

Shall i use privacy act or public information act..!?

What canadian court to address that can give me permission to access such information ?

 

[Naturgrl]

Ok
Thanks for your advices

Any answers regarding the original question.

How to access the GCMS notes without ex wife consent ?.

Shall i use privacy act or public information act..!?

What canadian court to address that can give me permission to access such information ?

You cannot access the notes if the government is asking for wife's consent. Or fill out the form without the consent document and see what happens. Talk to your lawyer. No Canadian court but you would have to submit to the Privacy Commissioner asking for them to disregard your ex's rights to not submit ATIP notes. She may be asked for a statement as to why she is not supporting.

 

[canuck78]

Ok
Thanks for your advices

Any answers regarding the original question.

How to access the GCMS notes without ex wife consent ?.

Shall i use privacy act or public information act..!?

What canadian court to address that can give me permission to access such information ?

This is really a futile exercise on your part as long as your ex-wife is deemed competent she has the right to not to give consent. Just going to court will be extremely expensive and I assume the refusal of the sponsorship will have occurred a long time before you go before the courts to try to get ATIP notes. You were told the last time you posted that the children sponsorship would be refused if your wife had full custody and was unwilling to allow them to travel. If you are being so persistent and trying to overrule your ex-wife you are also likely making her even less willing to be cooperative when it comes to any parenting request now and in the future.