Divorced in canada but not annuled in the philippines

[Taddy]

You will need to prove you have sole custody or his permission to bring your son in permanently. I've been questioned just bringing my children in (without my husband) for a vacation. I was told at immigration to make sure that in future I travelled with a letter or permission from my husband.

I hope you can get sole custody quickly and easily.

 

[jag21]

If you have just a joint custody it means you and your x have shared parenting and reaponsibilities in that way you cant take out the child without the authority of the other parent.

 

[Zynah]

You will need to prove you have sole custody or his permission to bring your son in permanently. I've been questioned just bringing my children in (without my husband) for a vacation. I was told at immigration to make sure that in future I travelled with a letter or permission from my husband.

I hope you can get sole custody quickly and easily.

So if I will get the sole custody I dont need the permission of my ex spouse anymore? I just need to show them the proof that I have the custody? Thank you

 

[Zynah]

If you have just a joint custody it means you and your x have shared parenting and reaponsibilities in that way you cant take out the child without the authority of the other parent.

Is that mean that if I have the sole custody I can bring my son here in Canada even without his permission? Thank you

 

[Taddy]

I would assume so. My letter said -Proof that you have a full custody of Xxxx. Please visit the website: www.goingtocanada.gc.ca and that was it.

 

[jag21]

To be honest its hard to get a sole custody especially if the other party is physically active or present to the childs life but base on Philippine Law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code). In other words, the law presumes that the mother is the best custodian,which finds its reason in the basic need of a child for his mother’s loving care. You have more chance of getting your son custody base on philippine family code. Once you have the full custody of your son all you need to do is to show the custody paper.

 

[vjanjua]

kindly answer my query.
I got P.R under FSWP in 2014. Now I want to divorce my spouse and remarry. What is the waiting period for me to sponsor my new spouse after getting the divorce from the previous one.

 

[Filipinay]

Hello,
U can get married to your bf no problem because when u apply inland/outland spousal, CIC office even if its Manila VO, will honor Canadian law. You dont even have to change the details of your passport. As per your custody issue, as long as you have the full custody from Philippine court, u dont need your ex's permission. And i agree to the one who quoted Phil Family court's law that children below 7yr old is by default should be in mother's custody. I am in the exact same boat as you are, and when i filed for a petition of full custody in the Philippines, i had to go back home twice, one for filing, and the last one for court's decision. Hope this helps God bless!

 

[Zynah]

To be honest its hard to get a sole custody especially if the other party is physically active or present to the childs life but base on Philippine Law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code). In other words, the law presumes that the mother is the best custodian,which finds its reason in the basic need of a child for his mother’s loving care. You have more chance of getting your son custody base on philippine family code. Once you have the full custody of your son all you need to do is to show the custody paper.

Thank you, yes my lawyer in the Philippines said I can get the sole custody, I got my son examined already but I put him as non accompanying for now because if I wanted to get my PR first then after I will go home and file the custody then sponsor him again. Hopefully the letter of custody is enough to get my son because my ex will not sign the consent letter saying that he's allowing my son to come with me here in Canada.

 

[Zynah]

Hello,
U can get married to your bf no problem because when u apply inland/outland spousal, CIC office even if its Manila VO, will honor Canadian law. You dont even have to change the details of your passport. As per your custody issue, as long as you have the full custody from Philippine court, u dont need your ex's permission. And i agree to the one who quoted Phil Family court's law that children below 7yr old is by default should be in mother's custody. I am in the exact same boat as you are, and when i filed for a petition of full custody in the Philippines, i had to go back home twice, one for filing, and the last one for court's decision. Hope this helps God bless!

Hi, thank you for the information, I just wanted to ask if how long it will take to get the full custody? I am planning to go home nect year to file the custody, I am hoping to get my PR before March so I can go home and process everything. The agency who is processing my PR application said I will need the letter of consent signed by my ex in order to bring my son here in Canada although I have the custody she said I still need the letter. Thank you very much.

 

[Zynah]

kindly answer my query.
I got P.R under FSWP in 2014. Now I want to divorce my spouse and remarry. What is the waiting period for me to sponsor my new spouse after getting the divorce from the previous one.

Hi, divorce will only take 3-5months only, but I think there is a certain time that you can sponsor your new spouse. My current PR application is under SINP, me and my bf didn't get married yet because I wanted to wait what will be the decision in my application.

 

[jag21]

Thank you, yes my lawyer in the Philippines said I can get the sole custody, I got my son examined already but I put him as non accompanying for now because if I wanted to get my PR first then after I will go home and file the custody then sponsor him again. Hopefully the letter of custody is enough to get my son because my ex will not sign the consent letter saying that he's allowing my son to come with me here in Canada.

Some court giving a sole custody for a custodial parent and giving some rights for non custodial parent like visiting rights or whatsoever in that way you need your ex permission when you sponsor your son. Just make sure that you will get the sole custody and the full legal rights to your son to avaoid any complication when your ready to sponsor him.