Legally separated with child- spouse non accompanyingthi

[Cosi1985]

i have a question- i received my ITA in the May 4 th draw and I am working on getting docs together for submission. I have an issue though- since my profile creation in April, and receipt of the ITA- i found out my husband was having an affair, his second in the marriage-we are now separated. We havent filed anything in court since its still pretty fresh but we know with certainty that he will not be accompanying me- he has no issue with our son accompanying me.
Questions- do I need to count him in family size for POF or does a separation agreement preclude him? Also, Can a separation agreement that addresses custody and a declaration from non accompanying parent for minors immigrating to canada as well as a notarized LOE from both of us be used in support of my accompanying son? Or will we have to file custody papers in court? My doc checklist doesnt ask for anything at this time but i presume additional docs will be required eventually

 

[iamsbee]

I believe the spouse completing the consent form should be enough along with a letter of explanation.

 

[dr feras]

Sorry to hear about your situation.
1- if you provided a legal separation agreement then you will not have to provide anything for him in your application, so he wont be included in POF, and no need for his medical/police papers or any history.
2- as far as your son is concerned, there is a form available on cic website for accompanying minors, just get your ex to sign it and you are good to go. You only need custody order if he is refusing.
Good luck