Spouse won't return child to Canada !

[BluesToggle]

I don't know what to do.

I sponsored my spouse here 2 years go. They stayed for a few months then took our child back to their home country to help the grandparents. Our time together in Canada was miserable and our marriage no longer has any meaning for me.

Now, after 18 months out of Canada, my spouse is demanding to return to Canada without our child ! where they say they will take their free immigrant English courses for a year then return home. Our child never to return to Canada!

I have reasoned out that since my spouse would be returning after so long without our child it should be proof that they have no intention of meeting residency requirements. I figure, no matter what, I'll probably never see my child again, so I might as well stop the psycho from re-entering Canada and sponging a year's living from me as well.

Will the Immigration department even listen to stories of duped sponsors to hear how obviously the immigrant is breaking the system?
Is there a complaint department or anyone to talk to or is it completely pointless?

I guess the gist of my question is that I've never heard of a sponsor trying to prevent re-entry into Canada of the immigrant. And it is so obvious this immigrant doesn't plan to stay since they are leaving their kid in another country.

 

[durianfruit604]

you can contact immigration canada and the police and notify them about him. basically he's kidnapping the kids.

 

[canadianwoman]

Bluestoggle, are you the husband or the wife? And what country is your spouse from and in now?
In general, CIC won't help duped Canadians - they'll say you promised to support your spouse for three years, so you have to. But... definitley write a letter or affidavit and send it to Immigration and Border Services detailing your story: you think it was a marriage of convenience, so include evidence of this - for example, if your spouse committed to writing that he/she is just coming back for the free English classes; also include evidence of how your spouse kidnapped the child and is refusing to let you see him or her. That way, if your spouse later tries to sponsor someone else to Canada, he/she will have problems.
I suggest you consult a lawyer about the child - see if charges can be laid, at least, for refusing to bring him/her back. If your spouse knows charges and police interogation await him/her upon arrival in Canada, maybe he/she won't come back.
You could refuse to let your spouse stay with you when he/she returns to Canada. If they then go on welfare, you are supposed to pay the government back, but 1. I'm guessing your spouse doesn't really want to live on the paltry amount welfare gives a single person; if the child is with the spouse, then great, you can fight for custody; 2. lots of people owe the government money because a sponsored relative went on welfare, and many of them never pay it. They will only be forced to pay it if they try to sponsor someone else.

 

[iarblue]

I just want to add a little here.There is not much you can do about here not returning with the child unless you go to court(family court).When i got divorced my wife was british,i dont know if she was intending to keep the children in England and thats where she went before the divorce.I was told by the police at that time i can not force her to come back.
I had to go through with the divorce and at that time when you decide on custody,she will be asked to come back to Canada for court.Or appoint a lawyer to fight for her.You will likely be given visitation of what ever the courts decide.But the kicker of it is you request the child is not to leave Canada until she is 18 without your consent.
Now even if she does not show up for the court hearing it will proceed without her there.Then she will be told she must return the child to Canada,and at this point they will inform a part of the government ( im not sure the name i will find it for you off my divorce papers)but this government association will go to her country hunt the child down and bring the child back.
And at that point she can be charged for kidnapping.And if she does come back,at that point the childs passport will be flagged as not to travell without a notorized letter from the unaccompaning spouse.Which means she cant travel outside Canada without the letter,and it will state when they swipe her passport that she is not to Leave Canada before her 18th birthday.
There is so much to this and it depends on what you both decide in court.But first you need to decide if your going to divorce her,or if she is coming back with the child.If she comes back with the child then at that point get her passport flagged so she cant take the child out of Canada.

No mater what you do you need a lawyer right away .If you cant afford a lawyer go to family court and talk to duty council.They will guide you in the correct direction.

 

[BluesToggle]

Thanks for the responses. I'm trying hard to write this gender neutral as my spouse has a friend in the country who looks things up for them. Maybe they read this board.

When I talk to a lawyer before she said I let them leave the country with the child so I'm out of luck.
And my spouse has said I can visit my kid anytime I feel like.

The only good thing is that although my spouse is a bad parent, the grandparents are extremely good. As long as they don't die my kid will have a good life there.

I guarantee I'll never sponsor anyone again after this experience. And I would refuse to pay back welfare and I would go to court over it. My reasoning was that if I tell immigration & border that spouse is out and that I won't pay if spouse comes back, then they have a chance to mitigate their losses.

 

[iarblue]

Well like i said if you go to divorce court or family court it will proceed with or without her.And if the court decides that the child is to remain in Canada then she wil have to return or face the concequences of her actions.
Its up to you how you want to proceed.

 

[Halifax-Maple]

With all due respect, this is not a "family sponsorship thread".
Something, somehow, is missing in your story. I am sorry but this thread reminds me with Hallow1 "fiction" stories in this forum.
So, don't waste your time as we are too busy..too stressed to get involved. If it happens that your story is genuine, then good luck and you have been given good advice above