Yes, the child is 4 years old. There is no custody agreement in place right now. They both spend about 50/50 with the child. He is applying for joint physical and legal custody (so 50% time and 50% of all decision making). So technically neither would have primary from what I understand. His lawyer feels strongly that it will be awarded as the Alberta courts are leaning towards 50/50 custody unless there is a specific reason not to. Many families I know now share 50-50 custody. Sometimes it’s not the case if one parent doesn’t want it or is not for. But it seems to be the way
PR Card for Minor, both parents consent?
- Thread starter margaretquinn
- Start date
If the father doesn't have status in Canada 50/50 time split will likely be impossible and not in the best interest of the child. It could be decided that the father has primary physical custody in Ireland. If he is able to stay in Canada 50/50 is much easier and is routinely granted if requested. Your question was what would happen if he doesn't qualify for PR.Yes, the child is 4 years old. There is no custody agreement in place right now. They both spend about 50/50 with the child. He is applying for joint physical and legal custody (so 50% time and 50% of all decision making). So technically neither would have primary from what I understand. His lawyer feels strongly that it will be awarded as the Alberta courts are leaning towards 50/50 custody unless there is a specific reason not to. Many families I know now share 50-50 custody. Sometimes it’s not the case if one parent doesn’t want it or is not for. But it seems to be the way
Thank you for all the reply’s! I am very scared for him.
I should clarify one thing. The mother was awarded PR status in the early 90s as a child. She returned to Ireland with her parents and grew up there. She met the father in High school in Ireland. They started a relationship that resulted in a child in their mid twenties. They decided they wanted to move to Canada as a family. The father applied for a work Visa with his child and this was granted. The mother entered Canada as a visitor (illegally) and stayed. She already had a SIN from when she lived here as a child so she just started using that, fulfilled the residency obligations and was eventually able to get her PR card.
Now the relationship has broken down. He wants to stay in Canada. But if he can’t he can’t leave his child. The child was born in Ireland and an Irish citizen.
It’s all very confusing and likely not a common case. Hence all my concerns.
I should clarify one thing. The mother was awarded PR status in the early 90s as a child. She returned to Ireland with her parents and grew up there. She met the father in High school in Ireland. They started a relationship that resulted in a child in their mid twenties. They decided they wanted to move to Canada as a family. The father applied for a work Visa with his child and this was granted. The mother entered Canada as a visitor (illegally) and stayed. She already had a SIN from when she lived here as a child so she just started using that, fulfilled the residency obligations and was eventually able to get her PR card.
Now the relationship has broken down. He wants to stay in Canada. But if he can’t he can’t leave his child. The child was born in Ireland and an Irish citizen.
It’s all very confusing and likely not a common case. Hence all my concerns.
He has a 2 year visa that he came over on with the child listed in his Visa. I just posted a clarification regarding the situation.If the father doesn't have status in Canada 50/50 time split will likely be impossible and not in the best interest of the child. It could be decided that the father has primary physical custody in Ireland. If he is able to stay in Canada 50/50 is much easier and is routinely granted if requested. Your question was what would happen if he doesn't qualify for PR.
This isn't an uncommon situation. It is a family law issue and then an immigration issue. Both parents want 50/50 but if one has status in Alberta and the other in Ireland there no easy way to split the custody. The best interest of the child will be examined. The best thing he can do is to look into how he can get PR. That will make it easier for them to both get 50/50. He should also make sure his ex-partner isn't planning on returning to Ireland in the future. Unfortunately he is tied to the woman and any plans to relocate on both their parts will likely trigger a new custody dispute.Thank you for all the reply’s! I am very scared for him.
I should clarify one thing. The mother was awarded PR status in the early 90s as a child. She returned to Ireland with her parents and grew up there. She met the father in High school in Ireland. They started a relationship that resulted in a child in their mid twenties. They decided they wanted to move to Canada as a family. The father applied for a work Visa with his child and this was granted. The mother entered Canada as a visitor (illegally) and stayed. She already had a SIN from when she lived here as a child so she just started using that, fulfilled the residency obligations and was eventually able to get her PR card.
Now the relationship has broken down. He wants to stay in Canada. But if he can’t he can’t leave his child. The child was born in Ireland and an Irish citizen.
It’s all very confusing and likely not a common case. Hence all my concerns.
Doesn't matter who was on whose visa. Who are the parents is what matters.He has a 2 year visa that he came over on with the child listed in his Visa. I just posted a clarification regarding the situation.
This isn't an uncommon situation. It is a family law issue and then an immigration issue. Both parents want 50/50 but if one has status in Alberta and the other in Ireland there no easy way to split the custody. The best interest of the child will be examined. The best thing he can do is to look into how he can get PR. That will make it easier for them to both get 50/50. He should also make sure his ex-partner isn't planning on returning to Ireland in the future. Unfortunately he is tied to the woman and any plans to relocate on both their parts will likely trigger a new custody dispute.
Thank you for your reply! I guess I’m surprised he did not have to consent for his child to be a permanent resident. He was given no say in the matter. They split up and she applyied without his knowledge.
Best case situation will be that he gets his PR status and then there will be no issues.
She has no plans to return, she wants to stay.
The child hasn't received PR. She just applied.Thank you for your reply! I guess I’m surprised he did not have to consent for his child to be a permanent resident. He was given no say in the matter. They split up and she applyied without his knowledge.
Best case situation will be that he gets his PR status and then there will be no issues.
She has no plans to return, she wants to stay.
You are correct. I guess I am wondering if they will they eventually grant PR status without approval or consent from the father?The child hasn't received PR. She just applied.
Is he listed on the child's birth cert? Unfortunately unmarried fathers in Ireland have very few rights so it wouldn't at all be surprising if she could get the child PR without his consent.You are correct. I guess I am wondering if they will they eventually grant PR status without approval or consent from the father?
Yes, he is. The child also has his last name. I was under the assumption that Canadian law would apply since it is a Canadian legal document, leading to legal status in Canada. I guess it will all get figured out in court. Hopefully he gets his PR status and it’s a non issue.Is he listed on the child's birth cert? Unfortunately unmarried fathers in Ireland have very few rights so it wouldn't at all be surprising if she could get the child PR without his consent.
Ireland seems to becoming a more progressive country these days. Hopefully one days their custody laws will change to give fathers equal rights. Extensive research says that children benefit when both parents have equal access. One can only hope anyway!