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Experiences with NON-accompanying dependents - Ex refuses medical exams

Discussion in 'Family Class Sponsorship' started by caro, May 15, 2011.

  1. Hi there,

    I am sponsoring my husband to Canada. He has a dependent child who has lived with the mother since birth, and who he is not in regular contact with. The child will NOT be accompanying him to Canada. There is no official custody arrangement except the fact that the child has always lived with the mother. The mother has refused to give us permission to take the child for medical exams. My husband will write a letter stating that the mother has refused and that he understands that he may never be able to sponsor the child to Canada in the future. My question is this, for those who are in a similar situation, what have your experiences been? Have you been accepted for PR with no problems, or have you been refused or subject to delays? I'm hoping that this issue doesn't greatly reduce his chances of being accepted for PR.

    Thanks for your help.
     
  2. According to other peoples experiences, he will likely need proof that the mother has full custody and refuses the medical.
     
  3. This happened to a friend of mine, sounds like a very similar situation, and it did delay his application somewhat, but as long as you sign a bunch of papers saying you will never try to sponsor the child in the future, it usually works out. He has now been here about 2 years.
     
  4. what kind of papers as i am gearing myself up for my fiance child mother to bring us a great deal of pain during this process and wanted to find out what needs to be submitted so there is not such a long delay
     
  5. Thanks for the replies.

    Is the refusal by the mother over the phone and a letter stating that she refuses enough proof? From peoples experiences, has anyone been denied residency solely based on the fact that they have a dependent child but no medicals for them? Doesn't seem fair that immigration would deny someone the right to a new life in Canada just because they have a child from a previous relationship and the mother is uncooperative. Anyone with more personal experiences in the same situation that can comment on whether they were denied or accepted?
     
  6. The mother might be afraid that her ex is going to try to take the child away to Canada if she allows the medical. I suggest trying to find an intermediary (a relative of the mother the ex still talks to, her lawyer, a mutual friend?) who can explain to the mother that getting the medicals done does not mean she will lose custody or that the child will be taken against her will to Canada. It is for the child's best interests to be examined, because if the mother should die, if the medicals haven't been done the father won't ever be able to sponsor the child to Canada.
     
  7. There was a case talked about here recently where a man had been repeatedly asked to provide medicals for his child and he continued to say that he did not have contact with the mother and child as they had moved away and not told him where and he had not tried very hard to find them although on the papers, he supposedly had shared custody. He was refused his PR and in order to appeal, he finally found the mother and child to try to enforce the medicals. An update has not been posted.

    You just have to keep in mind that immigration prefers to have the medicals in order to avoid incidences where for example the custodial parent dies and the child can not be sponsored to Canada. This is why they would like to know for sure that the parent has tried to get medicals and not succeeded and that there is proof of that other than them just saying so.
     
  8. good morning all

    My question today is for my fiance daughter what does the mom have to sign in order to get a medical done or can we just take the baby and get the medical done and she wont know or is there a list of items that need to be brought to the appt. We found out last week the baby is his for sure via DNA so now i am gearing up my mind for a lot of resistance from the mom for the few part that involves the baby i just want to have all my ducks in a row so on my next trip to jamaica i can get married and we start the process once every little details have been taken care of
     
  9. He could also ask the designated clinic if he needs the mothers signature or if it is a problem. I don't suppose the mother will ever find out that he took the baby for medicals unless he tells her. I assume the baby is too young to tell.
     
  10. yes she is 1.5 yrs so she cant tell lol so do we just show up with her do we need to bring anything
     
  11. Ask the medical centre if you need something. I do not know how they establish the identity of the child without a passport though but explain the situation and ask them what is needed.
     
  12. ok i wil for sure he says the pp should not be an issue but this is him being optimistic as the mom is a tyrant sorry to say
     
  13. if he has a photocopy of her birth certificate they accept that.
    it was the same case with my partner and his daughter.
    we had to fight and fight, just to get a copy of her birth certificate cuz she didnt want to give that either.
    but with a birth cert they can prove identity.hope this helps and good luck
     
  14. ok yay my sister in law has the birth certificate so that shouldnt be a problem n then pictures do u know roughly how man photos i just dont want to go thru so much aggravation for a child that we are not sponsoring but has to be included although if the mom wanted i would gladly take the child
     
  15. We are going through something similiar.

    My husband has a child, and on the application we idenfied that the son is non-accompanying.

    We also explained in the original application, that we have attempted to contact the mother to obtain medicals for the son, with no success.

    After getting our AOR, he received a notice for additional documents.....medicals for his son. :'(

    My husband found where the mother and son was living. He drove 16 hours there......and got prior advice to try and go there and see if the mother would be resonable, after all he wants to have a relationship with his son but the mother has been very evasive and not provided him with any access.

    Long story short, he went. She yelled and screamed. He called the police (to document this). The son was there, but the mother refused to allow him to see his son. The police said it there wasn't anything they could do, they couldn't force the child to come out or allow the mother to release the son. They suggested that he file a court order stating that the mother is denying him access at the local courthouse. He filed the documents at the courthouse.


    The mother is trying to change the son's last name (crazy).

    They have a court date to establish visitation. My husband has hired a lawyer for this.

    We haven't been successful in getting the medicals, and not sure if or when we will. In lieu of this, we have provided the court papers that he has filed which specfies that he is attempting to have access to his son, but the mother is refusing this.
    We also wrote a detailed letter of what we have gone through, to try and get the medicals. We got this notarized and also submitted this. The letter says that he will NEVER attempt to sponsor his son to come to Canada, and to please continue processing the application.
    We are hoping and praying this will suffice. We don't have any other options or a back-up plan. All our eggs are in this basket.
    All we can hope for is that Buffalo will see our efforts and show compassion.
     

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