DO I HAVE TO GET MY EX'S PERMISSION TO EMIGRATE WITH KIDS?

[Beaverdiva]

Hi, sorry if this is in the wrong place.

I am re-married and have been the resident parent for my 4 kids since 2009.

At the time of the split with their father we agreed that it was more practical for the kids to live with me because I was able to provide them with stability and a home.

My hubby is in Canada and we hope to join him via the spousal/family class sponsorship category.

I have a written paper that my ex and myself drew up and both signed saying that the children reside with me, that he has no obligation to remain in touch with them etc. etc. which is dated 2009.

What I need to know is if I have to complete a form or submit additional paper work about my ex and the children's "custody" as part of our Sponsorship application? Is the written agreement sufficient?

Do I need to get my ex's formal consent - not just verbal?

We have never gone to court about custody of the children. It was just agreed that they would always reside with me. He has no home of his own (lives with his parents), works unsociable hours and so it seemed the right thing to do.

The accompanying kids are aged 18, 16 and 12.

We're British Citizens

Just for the record - I will be informing my ex at some stage - I just need to know if I need his consent to be included in the application. I would prefer to submit the application and then tell him in my own time. It would pointless if my hubby doesn't get sponsorship approval! I'm trying to be fair to him.

Thanks in advance

 

[canuck_in_uk]

Hi

CIC is VERY strict about this; they must make sure that an immigrating child is not being taken from the non-immigrating parent, in order to prevent international kidnappings. Formal custody papers from the court granting you sole custody or notarized permission from the non-immigrating parent is the standard.

 

[Beaverdiva]

Many thanks.

I've just downloaded form IMM 5604 for the non-accompanying parent to complete. I'll ask him to complete one for each.child - I assume my 18 year old won't require one, but I'll ask him to do one for her anyway.

I want to avoid Court orders. I'm keen to come to an understanding with him as opposed to dragging it through the Courts.

It's going to be difficult for him without all that.

Thanks again

 

[canuck_in_uk]

I've just downloaded form IMM 5604 for the non-accompanying parent to complete. I'll ask him to complete one for each.child - I assume my 18 year old won't require one, but I'll ask him to do one for her anyway.

I want to avoid Court orders. I'm keen to come to an understanding with him as opposed to dragging it through the Courts.

It's going to be difficult for him without all that.

Yes, having him sign IMM5604s is much easier than going through the courts. I would also say that it is good to get one for the 18 year old.

 

[bigredmoose]

Yes, having him sign IMM5604s is much easier than going through the courts. I would also say that it is good to get one for the 18 year old.

Yes, get the 18 year old done as well.