URGENT : Child custody issue...

[hameshalucky]

Dear All,

I was married once then divorced. I have a baby girl from that relationship. She lives with my exwife but there is no court order for that.

FSW requires documentation that sole custody is with the mother inspite of the fact that I have not included my daughter in my immigration application as I cannot provide her passport and medical exam.

I am in Pakistan. How can I give a documentation when there isn't any. My exwife is not cooperating at all.

Please help !!!!

 

[tobs]

Dear All,

I was married once then divorced. I have a baby girl from that relationship. She lives with my exwife but there is no court order for that.

FSW requires documentation that sole custody is with the mother inspite of the fact that I have not included my daughter in my immigration application as I cannot provide her passport and medical exam.

I am in Pakistan. How can I give a documentation when there isn't any. My exwife is not cooperating at all.

Please help !!!!

@scylla any ideas?

 

[canuck_in_uk]

Dear All,

I was married once then divorced. I have a baby girl from that relationship. She lives with my exwife but there is no court order for that.

FSW requires documentation that sole custody is with the mother inspite of the fact that I have not included my daughter in my immigration application as I cannot provide her passport and medical exam.

I am in Pakistan. How can I give a documentation when there isn't any. My exwife is not cooperating at all.

Please help !!!!

You need to prove that you made every effort to have the medical done but she is not allowing it. You need a notarized letter declaring that you understand that your child will be forever excluded from the Family Class and you will never be able to sponsor her.

IRCC does not like excluding children, so expect your app to be delayed.

 

[bootsal]

Noit sure how it works in Pakistan, is there any divorce doc which specifies the custody thing on it? If not and if the custody was never discussed, I guess you will now have to work on it and get your ex-wife to cooperate, even if it means taking help of lawyer or who ever can make it happen.
You can make an agreement giving full custody to your wife and can mention that she does not consent for medical or passport or anything for the PR process...
This is what I can think of but not necessarily would suffice.
Ircc will not exclude the child unless they have complete document to prove that you have taken all efforts to have the child included in the application.
Excluding the child from PR application is the last option, only if seen appropriate by visa officer.

 

[hameshalucky]

I had not included my daughter in my immigration application and I had provided a signed explanation that I may not sponsor her in the future as I cannot provide her passport and medical examination due to noncooperation of my exwife. I had also mentioned that my daughter lives with my ex wife.

Still IRCC is asking for documentation for sole custody which does not exist. The divorce document does not say anything about custody of my daughter but she has been living with my ex wife since then.

What shall I do now? Very limited time left by IRCC to submit this.

PLEASE help...

 

[canuck_in_uk]

I had not included my daughter in my immigration application and I had provided a signed explanation that I may not sponsor her in the future as I cannot provide her passport and medical examination due to noncooperation of my exwife. I had also mentioned that my daughter lives with my ex wife.

Still IRCC is asking for documentation for sole custody which does not exist. The divorce document does not say anything about custody of my daughter but she has been living with my ex wife since then.

What shall I do now? Very limited time left by IRCC to submit this.

PLEASE help...

The fact that your ex doesn't have sole custody means that legally, you have access to the child and therefore can get the medical done. As I already said, you need to show that you made every effort to get the medical done.

 

[hameshalucky]

@canuck_in_uk
When did I say that I have access to my child? If I had I would have included her in my application.. that's common sense.. Was I in any way complex in saying that my daughter lives with my exwife and my exwife is not cooperative at all?

English law does not apply to every country of the world.. Family marriage child custody and divorce laws greatly vary everywhere..There are no assumptions

 

[hameshalucky]

@canuck_in_uk
I am fighting in the court just to see my daughter whom I have not seen a bit in the last 4 years! My exwife is not allowing me at all to even see my daughter. Do you think I can provide her medical and passport? See my position now? IRCC wants custody documentation which is not there in any of the court documents.

 

[canuck_in_uk]

@canuck_in_uk
When did I say that I have access to my child? If I had I would have included her in my application.. that's common sense.. Was I in any way complex in saying that my daughter lives with my exwife and my exwife is not cooperative at all?

English law does not apply to every country of the world.. Family marriage child custody and divorce laws greatly vary everywhere..There are no assumptions

@canuck_in_uk
I am fighting in the court just to see my daughter whom I have not seen a bit in the last 4 years! My exwife is not allowing me at all to even see my daughter. Do you think I can provide her medical and passport? See my position now? IRCC wants custody documentation which is not there in any of the court documents.

Calm down. You misunderstand. Because there is no legal order such as sole custody, there is no legal barrier preventing access to the child. The barrier is your ex. As I have stated twice now, you need to show proof of that. If you are fighting in court for access, show proof of that.

 

[yourfather]

@canuck_in_uk
I am fighting in the court just to see my daughter whom I have not seen a bit in the last 4 years! My exwife is not allowing me at all to even see my daughter. Do you think I can provide her medical and passport? See my position now? IRCC wants custody documentation which is not there in any of the court documents.

Lets assume you got your PR and got your Canadian Citizenship eventually. A loophole arises here as you can sponsor for your daughter as well. Hence you need to submit the divorce and child custody papers to prove that there is no legal bonding between both your ex wife and your child.

If there is no such custody papers as per your country's norms, then I dont see how your petition could be approved with the above loophole. You may want to consult a good immigration attorney.

 

[pizzaboy99]

@canuck_in_uk
When did I say that I have access to my child? If I had I would have included her in my application.. that's common sense.. Was I in any way complex in saying that my daughter lives with my exwife and my exwife is not cooperative at all?

English law does not apply to every country of the world.. Family marriage child custody and divorce laws greatly vary everywhere..There are no assumptions

Why are you getting so angry with people who are trying to help you? I understand you must be frustrated with this situation but taking it out on senior forum members who generously volunteer their time to answer queries is not acceptable.

 

[hameshalucky]

I had recently submitted an application in the court that my exwife has not brought my daughter in the court during the last 3 years. There was an order passed by the court at the time of divorce that my exwife will have to bring my daughter twice a month for a 2hour meeting with me each time. My recent application states that my exwife is not doing it.

Can this be an evidence for IRCC? Is this a sufficient document for proof of custody?

 

[EE456]

I had recently submitted an application in the court that my exwife has not brought my daughter in the court during the last 3 years. There was an order passed by the court at the time of divorce that my exwife will have to bring my daughter twice a month for a 2hour meeting with me each time. My recent application states that my exwife is not doing it.

Can this be an evidence for IRCC? Is this a sufficient document for proof of custody?

It's proof that getting the medical done is hindered since your visitation is hindered. Ask your ex to let you do the child's medical and get her response in writing (which presumably will be a no) then take the matter to court and provide a proof to IRCC that you are trying to get the medical done and hence initiated court proceedings-that will be proof of best efforts and IRCC will be satisfied.

 

[canuck_in_uk]

Lets assume you got your PR and got your Canadian Citizenship eventually. A loophole arises here as you can sponsor for your daughter as well. Hence you need to submit the divorce and child custody papers to prove that there is no legal bonding between both your ex wife and your child.

If there is no such custody papers as per your country's norms, then I dont see how your petition could be approved with the above loophole. You may want to consult a good immigration attorney.

There is no such loophole. If the child is not medically examined in the current application, OP will never be able to sponsor her.

 

[yourfather]

There is no such loophole. If the child is not medically examined in the current application, OP will never be able to sponsor her.

There is no option to bypass child's medicals unless OP produces the child's proof of custody. Yes there is no such loophole, my point is IRCC will not let a loophole situation to occur.

I'd firmly suggest OP to consult an attorney.