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Lotus2015

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Jan 1, 2015
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saria1 said:
Have you considered having your new spouse adopt your child? It sounds like that may be the easier option, then trying to fight an ex who wants nothing to do with their child.
i don't have a spouse
 

saria1

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Lotus2015 said:
i don't have a spouse
Partner? They can still adopt, even if you're not married.
 

saria1

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Lotus2015 said:
can some one adopt him without his father's consent?
You need to look into Egyptian law. I do know in the USA (thats where I'm at and know about this, because this happened to my husband as a child), if a father (or parent) is absent and you do not know his whereabouts, then the courts will advertise in the paper for a few weeks addressing the pending adoption. If the parent doesn't respond, then the adoption can proceed.

If you know where the father is located, then I would talk with him, if he refuses, I would still proceed. The courts may grant the adoption since he's been uninvolved in the child's life for the past 6yrs and it's about the child's best welfare, not the absentee sperm donor. But again, I don't know how Egyptian law works.

Since yesterday have you contacted a lawyer? Maybe looking for a family attorney and not an immigration attorney is a better start for you.
 

Lotus2015

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Jan 1, 2015
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saria1 said:
You need to look into Egyptian law. I do know in the USA (thats where I'm at and know about this, because this happened to my husband as a child), if a father (or parent) is absent and you do not know his whereabouts, then the courts will advertise in the paper for a few weeks addressing the pending adoption. If the parent doesn't respond, then the adoption can proceed.

If you know where the father is located, then I would talk with him, if he refuses, I would still proceed. The courts may grant the adoption since he's been uninvolved in the child's life for the past 6yrs and it's about the child's best welfare, not the absentee sperm donor. But again, I don't know how Egyptian law works.

Since yesterday have you contacted a lawyer? Maybe looking for a family attorney and not an immigration attorney is a better start for you.
May I ask if i manage in getting a visitor visa for my son through a court order that gives my son the right to travel with me (but not immigration), upon expiry of his visitor visa while being in canada, will it's renewal be a proplem?
 

saria1

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Lotus2015 said:
May I ask if i manage in getting a visitor visa for my son through a court order that gives my son the right to travel with me (but not immigration), upon expiry of his visitor visa while being in canada, will it's renewal be a proplem?
I'm assuming it would be, because the courts will probably only allow a certain amount of time the child can travel with you to the foreign country.

Your best bet is to call a family lawyer. We can't answer for you, because the majority of us don't know the Egyptian system.
 

Lotus2015

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Jan 1, 2015
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saria1 said:
I'm assuming it would be, because the courts will probably only allow a certain amount of time the child can travel with you to the foreign country.

Your best bet is to call a family lawyer. We can't answer for you, because the majority of us don't know the Egyptian system.
no if the court order will be allowance of travelling the child to canada with his mom. there will be a problem upon renewal his visitor visa there in Canada if it is expired?
 

saria1

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Lotus2015 said:
no if the court order will be allowance of travelling the child to canada with his mom. there will be a problem upon renewal his visitor visa there in Canada if it is expired?
You really need to call a lawyer.
 

rhcohen2014

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Lotus2015 said:
no if the court order will be allowance of travelling the child to canada with his mom. there will be a problem upon renewal his visitor visa there in Canada if it is expired?
if the visa expires while the child is in canada, then the child is illegally staying in canada. any effort to extend the visa needs to be done PRIOR to the expiration date on the visa (usually 30 days is recommended). If the extension is refused, then the child needs to leave. if the extension is granted, then the child is allowed to stay until the extension expires. No on on here can tell you how likely it is for the visa or extension to be approved because we are not immigration officers who process visa applications.
 

Lotus2015

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rhcohen2014 said:
if the visa expires while the child is in canada, then the child is illegally staying in canada. any effort to extend the visa needs to be done PRIOR to the expiration date on the visa (usually 30 days is recommended). If the extension is refused, then the child needs to leave. if the extension is granted, then the child is allowed to stay until the extension expires. No on on here can tell you how likely it is for the visa or extension to be approved because we are not immigration officers who process visa applications.
I am feeling helpless and I don't know how can I solve this complicated situation
 

bigredmoose

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You're likely going to encounter the same problem trying to get a visitor visa. Not only that but travelling with a child without the consent of the other parent is asking for refused entry.

When I travel with my kids, I always bring a notarized letter of consent from their mother and I have been asked more than once to show it when crossing the border.

At the end of the day, there is not going to be an easy way to circumvent the fact that he is the child's father and that he can stop you from leaving the country with him. It sucks, but that's the reality. Your only viable option is to get him to agree to it or get an Egyptian court (with the help of an Egyptian lawyer) to grant you permission to do it.

And yes, it's very possible, likely even, that neither of those things will happen.
 

rhcohen2014

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Lotus2015 said:
I am feeling helpless and I don't know how can I solve this complicated situation
the only thing to do at this point is to follow the advise we have already given you which is to seek a family lawyer in your home country. beyond that, there is nothing more we can help you with.
 

Lotus2015

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Jan 1, 2015
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rhcohen2014 said:
the only thing to do at this point is to follow the advise we have already given you which is to seek a family lawyer in your home country. beyond that, there is nothing more we can help you with.
here i will be unable to do more than just getting a court order that allow my son to travel with me to canada, thus issuing a vistor visa. but what i am afraid about is what will happen after the expiry date of his visitor visa
 

rhcohen2014

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Lotus2015 said:
here i will be unable to do more than just getting a court order that allow my son to travel with me to canada, thus issuing a vistor visa. but what i am afraid about is what will happen after the expiry date of his visitor visa
there is really nothing more we can advise you here. repeating your fears is not going to prompt any answers different than what you have been given. it is your choice to take the risk if you wish to have your son in canada illegally once his visa expires. if/once cbsa finds out, they can and will probably start the process to remove him. he will not be able to receive any healthcare while in canada (unless you are willing to pay out of pocket), and more than likely will not be able to enroll in school unless you can prove his application for permanent residency (even then the option isn't always available). there is no point in making this more difficult for yourself. find a good lawyer in Egypt, let the lawyer deal with the legality of your son's father's rights and your ability to remove your son from his country of citizenship.