I want to go to Canada to seek for child support for my children who were born in the UK before their father became a Canadian citizen. I also want to make formal arrangements for custody. I am confused as to what visa category I should be applying in. Can someone help please?
Visa to seek child support.
- Thread starter Twinkletwin
- Start date
If you are a UK, you are visiting so you need an eTA. Assume you have a Canadian lawyer who will guide you through the process.
Calculating support if the other parent lives in another country (justice.gc.ca)
Thanks for your reply.
i haven’t contacted the service of a lawyer yet. I was of the assumption that this should be easy as us parents coming to an agreement and then asking the courts to make things formal. I do hope however that seeking child support will not cast me into a custody battle which will necessitate retaining the service of a lawyer and perhaps needing more time to slug things out in the courts. Anyway, I wouldn’t think the Canadian courts will stop me from returning to the UK with my children. I just hope that I’m not about to open a can of worms.
So are you children in Canada or the UK. Are your children Canadian PRs as your ex-husband would have included them in his PR application?
If in the UK, then you need to do what the links says...
You would generally need a support order from a court in your country. Once you have a support order from a court, you or child support authorities in your country can contact authorities responsible for enforcing international support orders in the province or territory where the other parent lives.
Not sure how you can do it without lawyers.
Last edited:
Children are with me in the UK and where born when he was already a permanent resident but he is now Canadian. Children are not Canadian but British. I guess this is why I have to file in Ontario because the British courts will not have jurisdiction over a non resident respondent.
You need to hire a lawyer in Canada to represent you through this process. I would recommend doing this first and only traveling to Canada once you are required to be here in person. If you travel to Canada first, you may find yourself here for a long time waiting (beyond six months). Keep in mind that while you are in Canada, you won't be allowed to work and won't be covered by the provincial health care system. Your children won't be either. This will get expensive fast. So just be prepared for that.
Absolutely agree. Have your UK support order prepared too.
If your ex pursues custody, yes, this could prevent you from returning to the UK with your children.
You need to start by hiring a lawyer in Canada. This is your first step. Not traveling to Canada.
Think you are under the false impression that a support agreement would allow you to remain in Canada. Assume your ex is unfortunately not interested in custody if he moved to Canada many years ago. You can secure child support payments by hiring a lawyer while still in the UK. If he isn’t cooperative working out child support agreements can take a lot of time. Your children would not be entitled to schooling in many cities as visitors, no healthcare in many provinces, no work permit or healthcare for yourself, etc. Is your goal to move to Canada? Are you currently employed? Visitor stays are a maximum 6 months but you would be expected to show that you have a home to return to, funds to support your visit to Canada, etc.
Hi
1. Unless you have full custody of the children with the right to remove them from Canada, then there is a good possibility that you will not be able to return to the UK with the children. Hague Convention
OP - you have received advice and before travelling to Canada, you must get legal counsel in the UK (for court and custody order). If you have a court support and custody order, then contact a Canadian lawyer to start the process to see if you can get child support from your ex in Canada. You need a Canadian lawyer no matter what. Being in Canada makes no difference for you. You cannot just arrive in Canada with no legal documents and start custody or support hearings because you don't live in Canada nor are your children PR/Canadian. It isn't as simple a process as you seem to think. Your children have no benefits for being in Canada as visitors, other than to visit. It seems your ex never included your children during the PR process so he can't sponsor his children. Coming into Canada with no legal custody and support agreements from the UK courts with your children is a risk.
Is your ex open to a child support/custody agreement. If so, the UK courts can sign off and approve it. Then the Canadian courts can implement depending on the province. Information was in the link.
Again seek legal counsel because your situation is beyond the scope of this forum. Can speak for myself but we are not lawyer experienced in international family law.
Is your ex open to a child support/custody agreement. If so, the UK courts can sign off and approve it. Then the Canadian courts can implement depending on the province. Information was in the link.
Again seek legal counsel because your situation is beyond the scope of this forum. Can speak for myself but we are not lawyer experienced in international family law.
I appreciate your response. After scouring through the internet, it appears that I might actually be able to get a child maintenance court order here in the UK which can be enforced in Canada. I suppose with that order, a child support application will then be launched against my Ex partner in Canada. I might not have to go to Canada after all. I hope I understood the information correctly though.
Lawyer fees can be astronomical! Hence my seeking advise from experience hands. Moreso, I didn’t think I’d have to employ a lawyer except there will be contention on my EX’s part. If we are in agreement, we could come up with a parenting agreement and get the courts to ratify - or so I thought.