Married but Not legally divorced

[dr feras]

Now my concern is that she is currently not in the country and she will not help with this document such as PCC or medicals. I am at dilemma now how can i proceed with the filing of the document. I cant add divorced since there has no documentation done on this matter. ?
so with your expert opinion should i even apply with all these road blocks i see.

Yes, its always worth applying.
Here is what i think you should do. Go asap and apply for divorce. I do not know which country you live in so I cant tell how easy/quick procedures are.
After that, if you think divorce will take long, what you should do is get any paper proof that you applied for divorce.
Then apply to canada, select divorced, and attach that proof that you applied with a letter of explanation. I can tell you that you will be safe this way. Many people did it before, its legal, and cic knows this way its just a matter of time.

 

[dr feras]

At the same time, try to explain to the judge that your ex does not live in the country, has not been taking parental responsibilities for the past 2 years, and its in the childs best interest that you get legal full custody to make decisions on behalf of your child without her approval. This way you wont need her signature.

 

[desertstorm]

Yes, its always worth applying.
Here is what i think you should do. Go asap and apply for divorce. I do not know which country you live in so I cant tell how easy/quick procedures are.
After that, if you think divorce will take long, what you should do is get any paper proof that you applied for divorce.
Then apply to canada, select divorced, and attach that proof that you applied with a letter of explanation. I can tell you that you will be safe this way. Many people did it before, its legal, and cic knows this way its just a matter of time.

i would love to push this forward as quickly as possible, i had reached out to her and her parents but i haven't got any ETA when she is even planing to come to the country. but i thought if i could move on with my life. but this seems to be road block for me now. i have tried many times what she wants to move on. but i am not too comfortable with sharing this information that i am intending to migrate . i feel this will cause more issues. currently since i am in the country she is not causing any issues.

 

[desertstorm]

At the same time, try to explain to the judge that your ex does not live in the country, has not been taking parental responsibilities for the past 2 years, and its in the childs best interest that you get legal full custody to make decisions on behalf of your child without her approval. This way you wont need her signature.

How do i prove this in court when she has not even returned back to the country and she is not addressing these matter . when i once address the issue of the child not having both parents ,her responses was he is not going to loose his father or mother. so i don't know how this will work out ..

 

[dr feras]

Every country has different laws in that matter. court will give you a letter requesting tracking details which you take to the police along with her name/ passport or ID copy and they will give you a letter showing how long she has been out of the country.
My advise is do not let it make you feel its hard to do. Start trying it might be easier than you think. Many people had more complicated cases than yours and still went ahead with it.

 

[dr feras]

i would love to push this forward as quickly as possible, i had reached out to her and her parents but i haven't got any ETA when she is even planing to come to the country. but i thought if i could move on with my life. but this seems to be road block for me now. i have tried many times what she wants to move on. but i am not too comfortable with sharing this information that i am intending to migrate . i feel this will cause more issues. currently since i am in the country she is not causing any issues.

She wont know. As far as she is concerned you are applying for divorce. You can then apply to canada without her blessing or her even knowing. And then like i said get a court order so you can take your son without her permission. Law always puts child best interest first. I mean what do they expect when she left her child for 2 years

 

[dr feras]

https://travel.gc.ca/travelling/children/faq
On this link you will find some answers related to your situation in regards to taking your child to canada.
What you need is court order stating that you can travel with your child without the other parent's consent.
Go ahead and apply man, you have nothing to lose by trying. Your situation should make you more determined.

 

[desertstorm]

https://travel.gc.ca/travelling/children/faq
On this link you will find some answers related to your situation in regards to taking your child to canada.
What you need is court order stating that you can travel with your child without the other parent's consent.
Go ahead and apply man, you have nothing to lose by trying. Your situation should make you more determined.

thank you so much.. when you mean court order ? is this like divorce notice or something. what does the court order actually need to state.
So according to what i am trying to understanding while filling the form i should select "separate " and wife not accompanying me. in this process also i need to submit her pcc and medical. even if i select married also i need to submit these details. am i right or mistaken

 

[dr feras]

thank you so much.. when you mean court order ? is this like divorce notice or something. what does the court order actually need to state.
So according to what i am trying to understanding while filling the form i should select "separate " and wife not accompanying me. in this process also i need to submit her pcc and medical. even if i select married also i need to submit these details. am i right or mistaken

Yes you are right. So your options are:
1- select separated and put her as non-accompanying. You will need to submit her pcc and medicals.
2- legally separated or divorced. You do not need her pcc or medicals.
3-Apply for divorce and get any proof that you applied. In this case you can select divorced in your application and attach a proof of divorce application. Again same as number 2, no need for her pcc or medicals. IRCC might delay your application and ask you for updates about divorce procedings. Also remember from the time you get an invitation to apply, you have 90 days to submit your papers which is good amount of time. Again i do not know which country you are in. In my country divorce takes 1 day. In the UK it takes longer, but also in countries like the UK you can apply for legal separation which takes just 6 weeks. In the UK if you have been living separately for 2 years they will issue a legal separation even if there is no other reason like adultery or unjustified behavior.
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Now for the child options are
1- get her to sign consent
2- apply in court for permission to travel with your child without her consent based on her leaving the child and household for over 2 years and her not taking parental responsibilities. This way no need for her consent.
Please note that the court must clearly give you this permission. Full or joint custody is not enough unless they decide she does not even have visitation rights.
So in conclusion, she has to sign the consesnt unless your court gives you either (a permission to travel alone with the child) or ( full custody to you with no visitation rights for the mother). Unless you have 1 of those 2 things, canada will not allow you to bring your child without her consent.