Query froms successfulapplicants about child custody

[nvr]

Hi..

I seek advice from successful applicants who have child custody issues. I also hope other members can gain from this site, those who are facing related issues.

I have the sole legal custody of my child. We are not getting any maintenance nor did we claim so. The custody order gives visiting rights to my spouse on alternate weekends. My question do I still need to get court orders to remove my child from jurisdication or I can take a decision as a legal parent. Also as the order is almost 30 pages long, can I get a notarised sworn affidavit from my lawyer with simply the main relief that mentions the custody and visiting rights, as its expensiveto get all pages notarised.

Secondly, we are living separately and have not sought a divorce. According to some consultants that is immaterial as long as I have the custody order. Pls comment.

 

[rjessome]

I'm assuming you are wanting to immigrate to Canada with your child? You will need the consent of your ex in order to do that. He has visitation rights that would be interrupted should you move to Canada and CIC will NOT interfer with that. So his consent will be needed for you to bring the child to Canada.

About notarization, a certified true copy of the order should be sufficient. And it should be cheaper than notarizing. I have no idea what the process is in India to get certified copies but it's different than notarization in Canada. The lawyers and consultants are right about the divorce. It is not necessary unless you are planning to marry someone else. The custody issue is the key.

 

[gwendave]

nvr, I also have sole physical custody of my children, with my ex-husband having visitation. You do have to have the other parent's permission to take the children or battle it out in court. Either way though you need it sorted out before you apply.

I have not sent my application in yet, but what I did do is sit down with my ex and talk to him about taking the kids to Canada. We had a rational discussion, and he gave me his okay to take them. I let about a week pass for him to absorb the shock, and then we sat down again and discussed specific visitation for holidays, and who would pay for those visits. I gave all the information to an attorney, who wrote up a stipulation of the agreement and had us both come to the office to sign and have it notarized. I then took it to the superior court in town and had it filed. The judge approved it within a week and I now have what I need to file.

Have you tried sitting down with your husband to discuss you moving so far away with the children? Does he know you've already sent in your application to move? If there is any shred of hope he'd agree if you gave him enough visits with them then try it. Worst that could happen is he says no, and then you're off to try to get the court's approval.

 

[jsk1976]

Buddy,

I am going throught same problem with my child. I suggest you should hire immigration consultant and do reasearch before processing immigration file.

According to Internation rules, They will need a concent of parents (do not have custody) state he / she is not having problem if child migrate to canada

and a clear indication of custody in court order to ensure child transfer from one country to another country leagally.

Thanks
Jignesh

 

[nvr]

@jignesh: Thanx for the info

@ gwendave: there is no scope of my spouse giving permission, with his complicated personality. I already have initial approval from NS and now have to send documents to visa office.

@rjessome: Yes, i am migrating with my child and I have got the order notarised. Tnx.

Before applying I had consulted three immig lawyers who after seeing the order did recommend that I should go ahead and will not require the court order. But somehow I am nervous about it and thats why was hoping a sucesseful applicant coud answer that better. Its difficult to believe that I can go without consent, so I wanted a second opinion here. Thanx for your help.

 

[Suin]

it will be difficult for you to have your child application approved without your husband's written consent. the best way is to have his parental rights annulled through court.

 

[nvr]

Suin can you please explain what is "annulment" an dhow togo about it? Thanks

it will be difficult for you to have your child application approved without your husband's written consent. the best way is to have his parental rights annulled through court.

 

[rjessome]

nvr, I AM an immigration consultant and you NEED the consent of the other parent. It can be an agreement sworn and notarized by both parents. You don't have to get the other parents rights "annulled" by the court as this is not possible in most countries unless there are significant circumstances such as the other parent being a danger to the child or it is done by consent. I don't know about India but a recent court decision in Canada would NOT allow the Canadian parent to take the child out of the country when the parent wanted to immigrate to Australia.

 

[nvr]

thanks rjessome..It is not possible for me to take the consent of the parent as my spouse world not agree, not because of love of child but just to trouble me. That means I will have to approach the court to take the permission. Right?
Thnx for your advice

nvr, I AM an immigration consultant and you NEED the consent of the other parent. It can be an agreement sworn and notarized by both parents. You don't have to get the other parents rights "annulled" by the court as this is not possible in most countries unless there are significant circumstances such as the other parent being a danger to the child or it is done by consent. I don't know about India but a recent court decision in Canada would NOT allow the Canadian parent to take the child out of the country when the parent wanted to immigrate to Australia.

 

[Karlshammar]

Yes, you'll have to go to court.

 

[Suin]

in my case I filed and won a court order against my ex-husband and was granted a full and complete custody of both of my kids - they ordered my ex-husband's deprivation of his parental rights. but our situation was different - he didn't care about his kids, had no wish to see and support them.
and my kids got PR without any problems.

 

[SD2009]

Hi,


- Is legal custody from Court must to take child out of country ?? My ex-wife has given custody of my child to me in an agreement (without any condition to me e.g. for visitation or anything), which was signed by both of us in the presence of witnesses and we did get it Notarized as well through Notary, though later on we approached and got our deccree of divorce granted by the court with mutual consent and since we did not take up the matter to court for child custody in divorce petition, hence court also did not pass any decision for it.

I've posted the same query in other topic on same forum as well, but thought of posting it over here as well to seek your advise, as you guys have already done lot of analysis and work on the same topic for the custody of your child.

FYI...I've already filed my application at NS on 20th Oct.

 

[Karlshammar]

If you have full parental rights and the other parents has waived theirs, you should theoretically be able to take the children. Will a personal agreement be recognized without a court order? I haven't the faintest idea. I would DEFINITELY check with a lawyer here, because international child abduction is a sensitive topic, and you absolutely cannot trust the words of random forum people on something so important.

 

[ekristensen]

I sent our spousal application Nov. 9th and it's now Nov. 25th - our case status is still "not found" when I check on eCAS... should I be worried?? The max. delivery time it would take, according to the company we sent it with, is 6 working days. So at the latest, assuming there were no delays (or god forbid, it's gotten lost in the mail) it should have arrived Nov. 17th or so. Does it take them a week from receiving the application in the mail to beginning to process it?

How long did it take everyone from when they got word of the CPC receiving it (for those who used tracking numbers) to when their application status came online or they got a letter saying CIC received it? Am I worrying about nothing? I just really, really hope it hasn't got lost in the mail...

 

[PMM]

Hi

I sent our spousal application Nov. 9th and it's now Nov. 25th - our case status is still "not found" when I check on eCAS... should I be worried?? The max. delivery time it would take, according to the company we sent it with, is 6 working days. So at the latest, assuming there were no delays (or god forbid, it's gotten lost in the mail) it should have arrived Nov. 17th or so. Does it take them a week from receiving the application in the mail to beginning to process it?

How long did it take everyone from when they got word of the CPC receiving it (for those who used tracking numbers) to when their application status came online or they got a letter saying CIC received it? Am I worrying about nothing? I just really, really hope it hasn't got lost in the mail...

Assuming you sent it to Mississauga, you wont see anything for 30 days or so after they received it.

PMM