PR with kids, sole custody

[awor]

Just wondering if I should expect anything because of this. I have 4 kids, 2 from 1 bio dad, 2 from another. In my divorce papers for both, I have full/sole custody.

For the first, visitation without custody is listed, but we haven't heard from him in 13 years (thank goodness). For the second, he's in prison and has court ordered no contact with the kids.

We had no problem getting passport cards for the kids, I sent in my divorce papers with the applications and the passport cards were given without anything needed from their bio dads. Will CIC give me any trouble, require extra explanation, etc? Should I send in an explanation or just the divorce papers and assume they are self explanatory?

 

[canadianwoman]

Send in a detailed explanation for each case, and any proof too.
This will complicate your case, I'm afraid to say, but it should still be possible to get all the children safely sponsored.

 

[Kenomee]

I was in a similar situation. My wife has two kids from a previous marriage, and although she has physical custody of the kids, he had visitation allowances.

The second father obviously has a court order for no contact with the kids (if possible, include a copy of that order with your app).

The other father, the one you haven't heard from in 13 years would possibly indicate that the child is 14 years old or older. You could either get a letter of permission from the father for your child to immigrate to Canada or if that is not possible, seek the permission of the courts for immigration. It gets easier as the child gets older as children are often consulted about where they want to go and who they want to raise them and permission of the court should cover you in this situation.

 

[PMM]

Hi

Just wondering if I should expect anything because of this. I have 4 kids, 2 from 1 bio dad, 2 from another. In my divorce papers for both, I have full/sole custody.

For the first, visitation without custody is listed, but we haven't heard from him in 13 years (thank goodness). For the second, he's in prison and has court ordered no contact with the kids.

We had no problem getting passport cards for the kids, I sent in my divorce papers with the applications and the passport cards were given without anything needed from their bio dads. Will CIC give me any trouble, require extra explanation, etc? Should I send in an explanation or just the divorce papers and assume they are self explanatory?

You know you need passports for the children? Passport cards are not acceptable for PR.

 

[PMM]

Hi

Depends what country you are from, some countries do not issue passprts to children, just small cards (that are3 considered passports that are seperate or attached to the parents passports). They are fully accepted at borders for landing purposes.

Suggest you read the instruction as to the requirements for passports for Immigration purposes.

 

[Kenomee]

You don't need letters of permission from either one, if you have sole custody. I think the application says something about applying for PR for children that you have sole custody of. Visitation is not custody, it is visitation... All you will need is proof that you are the sole provider and have sole custody over your children.

I would still highly suggest following what I outlined above, unless you want a possible delay in your application process. In this case, the father has visitation rights which is part of the physical custody agreement between the two parents. The CIC will recognize this and expect a letter of authorization, either from the father or the court. As well, being out of contact for 13 years, you could attempt to amend your divorce decree to remove him from the parenting time schedule (visitation) and thus, be in the clear.

Bottom line: If CIC sees that someone else has rights to the children, they will expect that authorization letter.

 

[RobsLuv]

I agree - the point is not that the father hasn't taken advantage of the visitation order, it's that it exists in the first place. However, being that he hasn't been heard from in 13 years, it might be a bit difficult to get his written authorization for the child(ren) to immigrate. So, you're probably better off going to the courts and filing for sole physical and legal custody due to abandonment. Don't know how long that will take, but it's much better to get these matters resolved without getting CIC involved. Bring them into the mix and it will only complicate matters, and take much longer than it would have if you'd just taken care of it prior to submitting the application.

 

[awor]

Thank you for the replies, I got super busy and couldn't check back in sooner.

The problem with going to court is that they will require me to attempt to contact him. I wouldn't risk bringing him into my kid's lives (he, along with his family, are seriously dysfunctional) unless CIC puts their foot down. My divorce papers give me legal and physical custody, and lists the visitation for him as "visitation without physical custody." All I can do is try and hope for the best.

Hi

You know you need passports for the children? Passport cards are not acceptable for PR.

I did not know we needed the passport books. Ugh. I didn't see anything in all the paperwork that said the card wouldn't work.

 

[PMM]

Hi

Thank you for the replies, I got super busy and couldn't check back in sooner.

The problem with going to court is that they will require me to attempt to contact him. I wouldn't risk bringing him into my kid's lives (he, along with his family, are seriously dysfunctional) unless CIC puts their foot down. My divorce papers give me legal and physical custody, and lists the visitation for him as "visitation without physical custody." All I can do is try and hope for the best.

I did not know we needed the passport books. Ugh. I didn't see anything in all the paperwork that said the card wouldn't work.

From the Operational Bulletin 205

Applications for Permanent Resident Status

A valid passport or travel document book is the usual requirement for permanent resident processing as a permanent resident visa counterfoil would be affixed to it in the majority of cases for successful applicants. The passport or travel document book also provides information on the travel of the applicant. For these reasons, officers should request a US passport book.

 

[awor]

Thank you PMM, you're so much help!