HELP plz! child custody issue

[magicfarland]

Hi all! I'm a newbie and I'd like to ask for your opinions about a child custody problem which is making me desperate. I'm divorced and has a 2yrs old son. I myself have been granted PR visa via FSW, but due to the absence of 5604 form, my son has not got his. Now I want to apply for his immigration via Family Class.

CIC already has my previous divorce agreement stating I have joint custody of my son, and in my prvious FSW application documents I told CIC my son was non-accompanying because my ex-husband didn't give permission. My son was included in my FSW application and had medical done.

His father still refuses to sign the 5604 form (have tried and failed). My question is: how to proceed without 5604 form? If I now have a new court order stating I have sole custody of my son, is that enough for CIC? And will it still work if the father has visitation right (but only limited to phone calls, online chats, summer vacation visits and things that can be arranged even abroad apart)? What exact words does CIC need for a court order?

Really frustrated Your advice would be most appreciated. Please!

 

[Beaverdiva]

A more senior member may have information for you about your particular situation but when I was researching about bringing my kids with me I read that if the non-accompanying parent doesn't consent to the child(ren) being taken, a Court can make the decision.

A Court order about child custody is different and you would need to go through the Courts to get permission to emigrate.

Without correct paperwork you could be accused of 'kidnap'.

I've had sole custody of my kids for 7 years and I was really lucky that their dad agreed to complete the forms.

I hope you and your ex can reach an agreement. Good luck.

 

[magicfarland]

Thanks a lot Beaverdiva!

Hope other members especially with similar and successful experiences could share opinions with me! Really need a direction. Thank you.