Former spouse refusing a letter and child's documents. Need help, veterans!

[tgman]

Dear members, especially veterans. Need your valuable opinion on the very complicated situation I’m facing with my application due to the fact that former spouse if refusing to issue the letter that she’s aware of my intention to immigrate to Canada and moreover, she is not giving the copies of my son’s birth certificate and passport (my son will not be accompanying me, however I am required to provide his credentials).
The dilemma is, if I don’t mention my son in the application that would be a misrepresentation. If I do, I don’t have the originals of my son’s birth certificate and passport (only copies), in addition I will not be able to provide the letter from former spouse. (I talked to her many times, no use at all)
I have a divorce certificate, copy of court decree, stating that the ex-wife has custody of the child. Also, I don’t know if it’s relevant or not, I have receipts for my son’s school tuition, medical bills paid by me, etc.
I am planning to bring my son to Canada later on, and also don’t wonna misrepresent in the application. I really need your valuable advice, how should I proceed? Thank you very much and good luck to all!

 

[JoacRy]

This is one of the few scenarios I have read where I would honesty suggest getting legal advice. My thought is as you are your sons father you have just as much right to have a copy of your sons passport and birth certificate as your ex-wife.

If you don't want to get legal advice, I suggest you solemnly affirm your sons details (name, DOB, place of birth) etc in an affidavit and have the document notarized. Please note this is not a legal opinion, this is my common sense practical opinion.

 

[tgman]

Dear JoacRy,
Thanks a lot for your input! I tried everything possible in my power to convince her issue me the letter, the same result I would get talking to wall. Really no use.
And besides, she's not residing in our home country, and there is no much I can do about the situation.
I am just wondering is the LOE, explaining the situation would help? I have the certificate of divorce and my son's expired passport as supporting documents.
It's really frustrating when your immigration application depends on the person who would be the last person on the face of the Earth to support you. I think CIC's requirement is not fair with this regard.

 

[JoacRy]

Unfortunately CIC requires all documents be current and valid from date of submission to final date decision made hence your son's expired passport will not be accepted. Sometimes CIC contacts foreign governments to check on passport validity as sometimes people get various fake passports, ID cards etc.

This is just a suggestion but in my country we have a government office called 'Registry of Births, Deaths, and Marriages'. You can pay this office a fee to request documents legitimately (provided you can prove you have a legitimate reason). In your case if such an office exists in the country your son was born you could pay to obtain a copy of a 'Certificate of Live Birth' as you can prove you are his father.

Is this an option for you?

 

[tgman]

Unfortunately CIC requires all documents be current and valid from date of submission to final date decision made hence your son's expired passport will not be accepted. Sometimes CIC contacts foreign governments to check on passport validity as sometimes people get various fake passports, ID cards etc.

This is just a suggestion but in my country we have a government office called 'Registry of Births, Deaths, and Marriages'. You can pay this office a fee to request documents legitimately (provided you can prove you have a legitimate reason). In your case if such an office exists in the country your son was born you could pay to obtain a copy of a 'Certificate of Live Birth' as you can prove you are his father.

Is this an option for you?

Dear JoacRy,
I have a notarized copy of my son's birth certificate. But even if I had a passport still, I will need the letter from former spouse, saying that she's aware of my intention to immigrate to Canada, which she's continuously refused to give.
This is a real deadlock for me...

 

[JoacRy]

Hi tgman, I honestly don't know what can be done in a situation like this. I've thought it through and because I don't have expertise in this area of law I don't know what to suggest to you.

Is there anyone else on this forum who has expertise in this area of law who can help tgman?

 

[scylla]

Does your ex-wife have sole custody? Do you have court documents proving she has sole custody? Do you have proof that she has refused to provide the required documents to include the child (e.g. email from her refusing to provide this documentation)?

If so, then one thing you can try to do is provide all of this evidence and include a letter to CIC stating that your former spouse refuses to provide you with access to the child or provide the child's documentation. You will also need to say that you understand this means your child will not be classified as a dependent in your application and this means that you can never sponsor the child for PR.

Either way, you must include your child in your application. However if you can't obtain the medical, copies of identity documents, etc. - CIC will most likely still process your file - you will just never be able to sponsor your child for PR.

 

[munika]

We had a similar situation. Principal applicant's former spouse didn't allowed children to undergo medicals, but she did provide him with a support letter. Regardless of a support letter, Immigration Officer requested children to undergo medicals or to convince him really hard that it's not in his power to decide. Legal Consultant advised us to try to convince her once more or to make a letter notarized with public notary that he is aware of the fact he won't be able to sponsor them anytime in the future. Former spouse did changed her mind at the end and we are waiting review of their medicals as we're speaking.
This is our example, and would advise you to seek for legal consultation on this matter. They are very eager to have all family members undergo medicals and won't give up on it easily.
To not include your child in application is misrepresentation itself and big no-no.

 

[tgman]

Dear all,
Thank you very much for your inputs. I think it'd be better for me to contact a lawyer.
Good luck, all.

 

[MASF]

Dear all,
Thank you very much for your inputs. I think it'd be better for me to contact a lawyer.
Good luck, all.

Hi I good law firm to use is Abrams and Krochaks. I had the same issue but in the end my husband's ex finally agreed but this is the firm I was planning to use. I also wrote to CIC and if you can send me your email address I can send you the advise they gave me. I wrote them on Vov 3 and I received their response on December 3.