legalfalcon
VIP Member
- Sep 21, 2015
- 9,897
- Category........
- FSW
- Visa Office......
- Ottawa
- NOC Code......
- 4112
- App. Filed.......
- 03-09-2015
- Doc's Request.
- 01-10-2015
- AOR Received.
- 03-09-2015
- Med's Done....
- 17-08-2015
- Passport Req..
- 05-04-2016
- VISA ISSUED...
- 12-04-2016
- LANDED..........
- 05-05-2016
If you intend to bring your child with your to Canada, you either have to have complete custody over your child or get a form signed that the parent who has the shared custody has to provide a declaration as listed below:
IRCC has listed this in detail:
Custody issues: dependent children
Applicants who have included in their application children who are subject to custody orders must provide proof that they are allowed to remove the children from the area of jurisdiction of the court. The parent or legal guardian overseas must provide written consent for the child to travel to Canada for the purposes of becoming a permanent resident. A court order is acceptable in cases where that person is unwilling to provide consent.
Non-accompanying parents or guardians and former spouses or common-law partners must complete and submit a Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada form [IMM 5604] (PDF, 609.23KB) for each applicable child. The applicant is expected to make every reasonable effort to contact and obtain written consent from the other parent.
Custodial matters can be complicated, as family law varies from country to country, and should be assessed on a case-by-case basis. As a rule, where no consent is provided by the other parent, the onus is on the applicant to provide evidence that they have sole custody of a dependant and to verify that the non-accompanying parent does not have custody of the child or any objection to the removal of the child from the country of origin.
If the parents share custody of the child, IRCC must usually obtain written confirmation from the other parent that they have no objection to the child being processed for permanent residence in Canada. Where parents share custody of a child pursuant to a written agreement stating that the child is not able to travel to Canada permanently, it is necessary for the original agreement to be amended or replaced with a new agreement allowing the child to come to Canada and live with the parent who is seeking to move here.
This ensures that processing the dependent child for permanent residence does not violate the terms of any custodial order or agreement or foreign laws and respects the principles underlying international conventions to which Canada is party.
In cases where a Canadian court finds that a child has been wrongfully removed to or retained in Canada under the Hague Child Abduction Convention and that no exception under the Convention applies, the court has the duty to order the return of the child to their state of habitual residence, even if the child was being processed for permanent residence in Canada.
In Canada, the best interests of the child are the only consideration in matters relating to their custody. Where a dependent child is the principal applicant, an IRCC officer must review the full circumstances of the case and exercise good judgment in deciding to proceed to process a dependent child for permanent residence where written confirmation of no objection from the other parent cannot, for all practical purposes, be obtained. The main objectives are to ensure that such a decision does not risk violating any rights or claim the other parent may have to custody and not to contradict foreign laws or principles underlying international conventions to which Canada is party.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html
