MEDICAL FOR CHILDREN

[milk123]

Hi everyone,
I could really use some advice

I've just started paperwork for my Fiance who will be coming to Canada from the Dominican Republic. We have come accross a bit of a problem, he has a child and the mother of the child is REFUSING that he has a medical done. I want to know what happens next? on the phone with Canadian Immigration today she stated that I should get a letter from the mother that shows she is clear that refusing the medical means that the child will never be able to be sponsored to come to Canada. Anyone in this same situation or similiar PLEASE HELP... I don't want any set backs... any info or advice would be much appreciated.

Thank You

 

[CharlieD10]

Without a medical, your fiance's right to sponsor the child in future is in serious jeopardy. Explain to the mother that the medical takes nothing away from her, none of her rights will be impinged on, the medical examination is merely in case, God forbid, something happens to her and the father needs to be able to sponsor his child.

If she is still adamant, you can do as advised and get her to sign an affidavit, have it notarised, and it should clearly explain that she knows that she is denying the child any possibility of ever going to Canada to be with his father in the event she is incapacitated or unable to fulfill her responsibilities as a parent. State it exactly that way, because that is precisely what she is doing.

If your fiance has any court-ordered access rights, perhaps you can resort to the courts to assist. Whatever you do, make sure all your efforts are documented, because CIC is very strict about parents not getting children medically examined when they have access to the child.

 

[milk123]

Thank you very much for your response.

In this case the mother is refusing any access at all, she is aware that in the future my fiance will NOT be able to sponsor the child, she has clearly stated that under no circumstances will she allow her child to have a medical examination or take part in any processing that involves the child possibly going to Canada. We have explained that if anything happens to her my fiance will NOT be able to sponsor the child. My fiance has NO contact with her nor does he ever see the child as she is content living her life, she took the child and said she wants him nor I to ever have a part of this childs life. Everything has been clarified and repeated to her several times and she is still resisting, she stated that if anything were to happen to her the child would stay in the care of someone else in her family and NOT my fiance. Im not sure how custody and such works in the Dominican Republic but she agreed to sign a letter I will have drawn up by my lawyer that clearly states she and my Fiance are both clear and understand that if the child does not go through with the medical he will NEVER be able to come to Canada. I hope that will be sufficient as her constantly refusing our hand are tied. When you say have the affidavit notarized will this need to be done at the embassy or will it be sufficien being signed in the presence of the lawyer? all this is unknown to me as i've never been in a situation like this. again i appreciate your response.

Thank you

 

[CharlieD10]

It is fine that your lawyer is drawing up the document and her signature should be witnessed by the lawyer or a notary.

 

[milk123]

yes we are planning for her to go and sign the docs in the presence of the lawyer. She is willing to sign anything that means her child wont ever leave the country. Sad but unfortunately the mother's choice usually rules out.