Child custody / Philippines

[canuck_in_uk]

I already listed them as non accompanying but my specific concern is what do i need to write to the reason of not accompanying? In our annullment it says custody with my wife subject for my visitation.. any specific wording to put? Any experience?

You don't need to write anything about why they are not accompanying.

 

[stargazerlilly]

Hello,
WE have recently submitted our spousal application. I am the sponsor (male), I was married to my Filipina wife in SEPT 2014. My wife has a 6-year-old son. On the boy's birth certificate there is no mention of his biological father. My wife split up with the father a few months after the child was born, they never lived together, never shared expenses, etc. In our application we included an affadavit written for my wife by a lawyer stating that she alone has provided for her son's material sustenance and upbringing. Someone informed us of a CIC form (5604) that can be used as a release by the other biological parent, but we don't know if it is mandatory. The Philippines Dept of Social Welfare & Development (DSWD) said in their eyes my wife is the sole guardian of the boy, proven via her obtaining a passport for him, and that there is no restriction to the boy leaving the Philippines with her. Does anyone have any experience with this? Will the CIC return our application if this form 5604 is not included? I'm not even sure if my wife can find the father to have him complete the form (AND get it notarized). If she can find him should we do it "just in case" -- and send it to CIC in Manila once we have a reference file number? (An aside: I am also a UK citizen, currently able to spend time in Europe. I am thinking of bringing my wife & her son to meet me in France. The French embassy in Manila has already told us that she does NOT require further proof of custody based on the scenario explained above.) Comments, suggestions appreciated.....!

I had my mother get that form/letter from DSWD. I think it's some sort of permission for the child to travel. IRCC officer here suggested I draw up a STATUTORY DECLARATION....that I have been the sole provider of my son even way before he was born and the biological father never even acknowledge his child's existence and his whereabouts is unknown. I'm not familiar with that form 5604,as I have never been asked to include it with our application years ago.

 

[besbi07]

You don't need to write anything about why they are not accompanying.

but i need to put a reason right? And considering they (CIC) inform me of the delay if custody is not settled.. maybe i have to check with DSWD as suggest mostly in this forum... thanks to all

 

[Survivor27]

but i need to put a reason right? And considering they (CIC) inform me of the delay if custody is not settled.. maybe i have to check with DSWD as suggest mostly in this forum... thanks to all

Just say as what you have stated on your first post that the custody if with your ex-wife. Attach a copy of the court decision when the annulment case is granted.

 

[canuck_in_uk]

but i need to put a reason right? And considering they (CIC) inform me of the delay if custody is not settled.. maybe i have to check with DSWD as suggest mostly in this forum... thanks to all

No, you don't need to put a reason as to why they are un-accompanying. That is your personal choice and you aren't required to explain to IRCC.

Your situation has nothing to do with he original posts of this thread. The advice to contact DSWD doesn't apply to you.

 

[Survivor27]

Seniors,

please advise: i received provincial nomination but with info that if custody is not settled, PR process may be delayed.

Now my query is this: in my application me, my spouse, infant and my 2 kids from my previous marriage are listed... nomination granted only to 3 of us , excluding my 2 kids (i put will not come to canada with me due to custody issue)..

I am annulled to my wife with the statement in Annullement CAse taht custody belong to respondent (my previous) subject to my visitation but in reality my kids are with me and my previous dont have direct contact with them.. no effort at all... it is ok to just put in IMM0008 Gen Application - will accompany with you --- NO, Custody is with my ex wife (as stated in our Annulment Case)?? or i need more documents though they will not come with me to canada . .for now..

any help will be appreciated..

besbi07 inquiry pertains to question no. 11 (a) and 11 (b) of IMM0008 under Dependant(s). A simple statement as highlighted above should be good enough to answer 11 (b) . Yes, there is no need to contact DSWD for this (besbi07) matter.

 

[besbi07]

No, you don't need to put a reason as to why they are un-accompanying. That is your personal choice and you aren't required to explain to IRCC.

Your situation has nothing to do with he original posts of this thread. The advice to contact DSWD doesn't apply to you.

. I appreciate canuck.. i know it is not related for me now but in future when i am plan to bring my kids to canda however i asked since CIC sent me nomination with info about custody issue... thanks for your very informative answers..

 

[besbi07]

besbi07 inquiry pertains to question no. 11 (a) and 11 (b) of IMM0008 under Dependant(s). A simple statement as highlighted above should be good enough to answer 11 (b) . Yes, there is no need to contact DSWD for this (besbi07) matter.

i will write the same.. will provide you update when we receive advice for medical..

 

[SunshineCoaster]

Hi there, I just wanted to get an update on this topic.I am in the final stage of my PR application (In Canada) I have a 13 y/o illegitimate son, with my last name. His father signed the birth certificate as acknowledgement of paternity. No contact with the father since 2005, no financial support from him. CIC requested for his father to sign a consent for our PR application but I dont have any form of contact with him anymore. I have an Affidavit of Illegitimacy notarized by the Consulate General of the Philippines in Vancouver, I still have his DSWD TRavel Clearance Certificate for a Minor ( when he came to join me in Canada in 2015). I am executing an affidavit of sole parent. In your experience was that enought to prove custody?

 

[Survivor27]

Hi there, I just wanted to get an update on this topic.I am in the final stage of my PR application (In Canada) I have a 13 y/o illegitimate son, with my last name. His father signed the birth certificate as acknowledgement of paternity. No contact with the father since 2005, no financial support from him. CIC requested for his father to sign a consent for our PR application but I dont have any form of contact with him anymore. I have an Affidavit of Illegitimacy notarized by the Consulate General of the Philippines in Vancouver, I still have his DSWD TRavel Clearance Certificate for a Minor ( when he came to join me in Canada in 2015). I am executing an affidavit of sole parent. In your experience was that enought to prove custody?

My application under Spousal Sponsorship is still being processed. I do have accompanying dependents and included in my application the same Affidavit that you mentioned. However, mine is just one affidavit which was an "Affidavit of Illegitimacy and Sole Parental Authority". I have not heard anything yet from the embassy since they started processing my App in January 23, 2017. I am pretty confident of everything that I sent but still can't help to feel uneasy at times about the supporting documents I provided for my dependents. Crossing fingers and toes that CIC will be satisfied enough and I wish the same for you.

 

[besbi07]

i will write the same.. will provide you update when we receive advice for medical..

I received AOR1 yesterday.. don't know if that means the issue of my custody was ok?
or it will be revealed during AOR2 (VO stage).. .hay sana maging oks na ..

 

[Filipinay]

My application under Spousal Sponsorship is still being processed. I do have accompanying dependents and included in my application the same Affidavit that you mentioned. However, mine is just one affidavit which was an "Affidavit of Illegitimacy and Sole Parental Authority". I have not heard anything yet from the embassy since they started processing my App in January 23, 2017. I am pretty confident of everything that I sent but still can't help to feel uneasy at times about the supporting documents I provided for my dependents. Crossing fingers and toes that CIC will be satisfied enough and I wish the same for you.

Hi there, I just wanted to get an update on this topic.I am in the final stage of my PR application (In Canada) I have a 13 y/o illegitimate son, with my last name. His father signed the birth certificate as acknowledgement of paternity. No contact with the father since 2005, no financial support from him. CIC requested for his father to sign a consent for our PR application but I dont have any form of contact with him anymore. I have an Affidavit of Illegitimacy notarized by the Consulate General of the Philippines in Vancouver, I still have his DSWD TRavel Clearance Certificate for a Minor ( when he came to join me in Canada in 2015). I am executing an affidavit of sole parent. In your experience was that enought to prove custody?

I think it should be ok. So long as u prove that u made your effort to contact ur ex. And just write a good cover letter. In my case, me and my ex didn't have a good ending that's why I had to file for petition for custody and granted sole custody and later on my ex willingly signed IMM 5604 or declaration from non accompanying parent. All the best!

 

[Survivor27]

I received AOR1 yesterday.. don't know if that means the issue of my custody was ok?
or it will be revealed during AOR2 (VO stage).. .hay sana maging oks na ..

All the best of luck in your application. Keep us posted Feel free to join the Manila Thread for any sentiments or updates you wish to share with us

 

[mytimet]

Hi, I would like to know how the IMM5604 form is filled out, should my name the accompanying parent be mentioned on it.

this is the form
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5604E.pdf

 

[Shawn Thompson]

Mabuhay. The issue is ensuring to authorities that the child has not been "kidnapped" by one parent. The best idea is to provide both the signed form from the non-accompanying parent, which has a space for the new father by marriage, and a court order from the Philippines of sole custody by the mother. If the biological father can't reasonably be located -- and there are ways to do that -- the Philippines court will process a sole custody order with a period of notice in newspapers to the biological father, same as happens in debt cases. Do this and you are not likely to have a problem with Canadian authorities. Remember, officials don't like doubt and they don't want to make decisions; they want you to provide the documentation that gets them off the hook of having to decide. Otherwise, affidavits from a parent have been contested by Canadian authorities in the past. Anyone can swear out an affidavit. The issue of children born out of wedlock is simpler in Canadian law than in the Philippines. The Philippines Family Code makes sharp legal distinctions in this situation which are not relevant in Canada. Good luck. Do the paperwork and it will happen.