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Court decision instead of parental consent

Bleuvert

Newbie
Feb 7, 2017
5
0
Hi everyone,
Has anyone faced a situation where a parental consent had to be submitted for the child from the previous marriage, but the parent refused to give it? How was it resolved?
We were told that we need to provide a court decision granting sole custody to me, but in my country (Russia) the concept of sole custody doesn't exist. According to the Russian legislation, in situations like this, when one parent refuses to give his consent to the child to go abroad, the other parent has the right to go to the court and get the court permission to travel abroad (temporarily or permanently) without the father’s consent. That's what we did in order to relocate to another country (we live outside of Russia now). If we provide a similar document granting my child permission to relocate to Canada without the father's consent, will it be considered enough? There is absolutely no way to get a parental consent, nor a sole custody, even though the father does not participate in the child's life and doesn't support her financially. Please share your experience, if there is any...Thanks!
 

Bleuvert

Newbie
Feb 7, 2017
5
0
I forgot to mention that my husband and I have received our CSQ, but my child hasn't due to the reason mentioned above.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
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Hi

If you have a court order stating that you have permission to move the child to Canada, that should be sufficient.
 

Bleuvert

Newbie
Feb 7, 2017
5
0
canuck_in_uk said:
Hi

If you have a court order stating that you have permission to move the child to Canada, that should be sufficient.
That's what we thought. But our lawyer said that if the father has any visitation rights, they still might ask for the consent even with the court decision. We can prove that our relocation does not violate his visitation rights, though — he can come on a tourist visa if necessary...
 

Zahra CA

Full Member
Oct 14, 2018
40
2
That's what we thought. But our lawyer said that if the father has any visitation rights, they still might ask for the consent even with the court decision. We can prove that our relocation does not violate his visitation rights, though — he can come on a tourist visa if necessary...
Can you update us on the situation please