Visa to seek child support.

[Twinkletwin]

Absolutely agree. Have your UK support order prepared too.

Yes, that’s the plan. I might not have to go to Canada after all.

 

[Twinkletwin]

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.

Although, I would love to raise the kids in Canada with them having access to their father as I believe every child deserves that. It will also provide me some relief too as we would be able to share the responsibilities but I didn’t think that simply getting child support will mean I can stay in Canada. At this stage, I just want to have formal arrangements in place for posterity sake.

 

[Twinkletwin]

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

That’s if he seeks custodial rights, I believe? If the process necessitates me travelling to Canada, then I would seek sole custody in the UK before before going.

 

[Twinkletwin]

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.

Thank you so much for taking the time out to assist me. I really truly appreciate it. Everything you have said rings true to what I have been able to glean from the internet. Yes, I will be pursuing this route instead. Again, thank you very much for your time.

 

[scylla]

That’s if he seeks custodial rights, I believe? If the process necessitates me travelling to Canada, then I would seek sole custody in the UK before before going.

Yes, but he could then challenge that through the court system in Canada once you are here. So that's something you would need to be prepared for if you travel with your children to Canada.

 

[Twinkletwin]

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.

The children were born after he had already become a permanent resident. The plan was for me to move over under spousal sponsorship but the relationship broke down. He claimed to have informed IRCC of the birth of his children but I don’t know how far that is true, but nevertheless, he would have to apply for their PR if he was so interested. He has only recently become Canadian.

 

[Twinkletwin]

Yes, but he could then challenge that through the court system in Canada once you are here. So that's something you would need to be prepared for if you travel with your children to Canada.

What benefit will it be for Canada to stop me from returning to the UK with my kids when I wouldn’t even be able to stay to co-parent because I will be lacking legal status. The most he will get is visitation rights (I’m not opposed to that), but I’d still have sole custody and can therefore remove my children from Canada. He can always visit the UK to exercise his rights. I don’t believe any judge will stop a mother from leaving with her children where the father hadn’t been playing an active role in his childrens lives from the beginning anyway. I do appreciate your insight though. You are trying to warn me of the likely pitfalls.

 

[Naturgrl]

The children were born after he had already become a permanent resident. The plan was for me to move over under spousal sponsorship but the relationship broke down. He claimed to have informed IRCC of the birth of his children but I don’t know how far that is true, but nevertheless, he would have to apply for their PR if he was so interested. He has only recently become Canadian.

Did your children go through medicals during the PR process? If not, there were not included in the application and he misrepresented himself. He wouldn't be able to sponsor them now. You want to have full custody agreements in place before bringing children to Canada. Read the Hague Convention.

 

[scylla]

What benefit will it be for Canada to stop me from returning to the UK with my kids when I wouldn’t even be able to stay to co-parent because I will be lacking legal status. The most he will get is visitation rights (I’m not opposed to that), but I’d still have sole custody and can therefore remove my children from Canada. He can always visit the UK to exercise his rights. I don’t believe any judge will stop a mother from leaving with her children where the father hadn’t been playing an active role in his childrens lives from the beginning anyway. I do appreciate your insight though. You are trying to warn me of the likely pitfalls.

It's not about benefit to Canada - it's about international law. If your ex were to legally challenge custody while you are in Canada with your children, you wouldn't be able to leave until this is resolve in through the courts. Yes, you would be stopped from leaving if this were to happen and the issue is still unresolve legally. Of course the chances of this happening may be extremely low if he has shown no interest in the children to date. But this is in fact a possibility if you make the decision to travel to Canada.

Encourage you to read up on the Hague Convention before you come here.

 

[Twinkletwin]

It's not about benefit to Canada - it's about international law. If your ex were to legally challenge custody while you are in Canada with your children, you wouldn't be able to leave until this is resolve in through the courts. Yes, you would be stopped from leaving if this were to happen and the issue is still unresolve legally. Of course the chances of this happening may be extremely low if he has shown no interest in the children to date. But this is in fact a possibility if you make the decision to travel to Canada.

Encourage you to read up on the Hague Convention before you come here.

Yes you’re right. I have some idea about The Hague convention.

Did your children go through medicals during the PR process? If not, there were not included in the application and he misrepresented himself. He wouldn't be able to sponsor them now. You want to have full custody agreements in place before bringing children to Canada. Read the Hague Convention.

He had already gained PR before we met so the children were merely born to a PR resident who should have subsequently filed for them to come to Canada from the UK. I guess he couldn’t do it any longer after we broke up because the children were too young and would need me to accompany them to Canada but since he does not wish for me to join him, he just abandoned the whole thing (thats my own deduction). It was only in passing that he said he had updated IRCC that he now had children. The children were not born when he applied for his PR so he couldn’t not have included them then.

 

[Twinkletwin]

It's not about benefit to Canada - it's about international law. If your ex were to legally challenge custody while you are in Canada with your children, you wouldn't be able to leave until this is resolve in through the courts. Yes, you would be stopped from leaving if this were to happen and the issue is still unresolve legally. Of course the chances of this happening may be extremely low if he has shown no interest in the children to date. But this is in fact a possibility if you make the decision to travel to Canada.

Encourage you to read up on the Hague Convention before you come here.

Sorry I hadn’t finished responding when I posted the reply. I was saying that I have a faint knowledge about The Hague convention as it pertains child abduction. This is why I thought getting a court order which would have to be mirrored in Canada will avail me of a court proceeding in Canada as that would be duplicitous. I am thinking that with the court order in hand and with Canada being part of RENO, I should be able to skip court proceedings and just go for child support application.

 

[Naturgrl]

Sorry I hadn’t finished responding when I posted the reply. I was saying that I have a faint knowledge about The Hague convention as it pertains child abduction. This is why I thought getting a court order which would have to be mirrored in Canada will avail me of a court proceeding in Canada as that would be duplicitous. I am thinking that with the court order in hand and with Canada being part of RENO, I should be able to skip court proceedings and just go for child support application.

Depending where your ex lives. The link I provided gives you the information by province. How long it takes to actually enforce, I do not know.