PLEASE I NEED HELP

[chelloyborj]

Hello,

I need help, I am applying for a nominee program and I will take my 2kids with me. I am not married with their biological father and both of my children are illegitimate. Their dad refused to sign the forms coz he don’t want our kids to have a better life and future with me in Canada. They carry their dad’s last name, in the family code of the Philippines, the mother of an illegitimate child automatically has the full custody of her child regardless the age and father’s acknowledgment of his paternity.

Since he wont sign the forms, what are ways or document can I submit to support my full custody of my children?

Your response will be a very big help, please help me. Thank you so much.

 

[ImpatientDragon]

Do you have a provincial invite? if yes then which province?

 

[chelloyborj]

Yes po for SINP.

 

[Naturgrl]

Yes po for SINP.

Congratulations. You will need to submit all documents which prove you have sole custody plus all texts and email with the father refusing children’s medicals/sign forming etc. You have to prove you have sole custody and don’t need father’s permission for them to leave the country.

 

[rcincanada2019]

Hello,

I need help, I am applying for a nominee program and I will take my 2kids with me. I am not married with their biological father and both of my children are illegitimate. Their dad refused to sign the forms coz he don’t want our kids to have a better life and future with me in Canada. They carry their dad’s last name, in the family code of the Philippines, the mother of an illegitimate child automatically has the full custody of her child regardless the age and father’s acknowledgment of his paternity.

Since he wont sign the forms, what are ways or document can I submit to support my full custody of my children?

Your response will be a very big help, please help me. Thank you so much.

Is the father married? Try to ask Tulfo, maybe that would knock some senses out of him.

IIRC, RA 9255 was legislated to give rights for children born out of wedlock. And yes, full custody is still granted to the biological mother:

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/277

I think the original Bill was filed by the late Sen. Ramon Revilla Sr. in the early 90s.

 

[chelloyborj]

Congratulations. You will need to submit all documents which prove you have sole custody plus all texts and email with the father refusing children’s medicals/sign forming etc. You have to prove you have sole custody and don’t need father’s permission for them to leave the country.

hello, yes I have all the proofs and the documents proving that I have the sole custody of my children and do not need a permission from their biological dad leaving the country. I consulted a lawyer and can provide those documents.

My question now, would the IRCC accept or grant those documents since the Philippines law is not the same with Canadian laws?

 

[chelloyborj]

Is the father married? Try to ask Tulfo, maybe that would knock some senses out of him.

IIRC, RA 9255 was legislated to give rights for children born out of wedlock. And yes, full custody is still granted to the biological mother:

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/277

I think the original Bill was filed by the late Sen. Ramon Revilla Sr. in the early 90s.

Yes the father is now married recently just this year.

I have consulted a lawyer about this and same thing she said, eventhough my children carry their father’s last name, I still have the full custody of my children and do not need their dad’s permission to leave the country.

My concern now is is the IRCC will recognize our law and accept full custody document sign by a lawyer or a judge?

 

[rcincanada2019]

Yes the father is now married recently just this year.

I have consulted a lawyer about this and same thing she said, eventhough my children carry their father’s last name, I still have the full custody of my children and do not need their dad’s permission to leave the country.

My concern now is is the IRCC will recognize our law and accept full custody document sign by a lawyer or a judge?

If you have a court document signed by a Judge giving you full custody, that should be enough.

But this is just my opinion as a non-lawyer. Still, try to reach out to Raffy Tulfo and have him call the father. For sure, the father wouldn't want to be featured in Ka Raffy's show, especially since he just got married.

 

[ImpatientDragon]

If you have a court document signed by a Judge giving you full custody, that should be enough.

But this is just my opinion as a non-lawyer. Still, try to reach out to Raffy Tulfo and have him call the father. For sure, the father wouldn't want to be featured in Ka Raffy's show, especially since he just got married.

Ddi you get the PR Card? I see you are waiting since 2021?

 

[rcincanada2019]

Ddi you get the PR Card? I see you are waiting since 2021?

Yes, I did.

 

[chelloyborj]

Guys please help, I need to know if IRCC will accept my judge’s court order stating I have the full and 100% custody of my children.

 

[Naturgrl]

Guys please help, I need to know if IRCC will accept my judge’s court order stating I have the full and 100% custody of my children.

They should.

 

[chelloyborj]

Anyone has the same situation as me? He is uncooperative, both my two daughters begging their dad to sign but no response at all.

 

[chelloyborj]

They should.

Do you know someone who has a same situation like me? and IRCC accepted the court order from the Judge?

 

[rcincanada2019]

Guys please help, I need to know if IRCC will accept my judge’s court order stating I have the full and 100% custody of my children.

According to this link:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html

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.
/QUOTE]

There was also a previous similar discussion here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/required-document-custody-order.532632/