spouse divorce in canada but married in the philippines

[Gabriela Salas]

Hi, i do have a question, i am a filipina legally martied here in the Philippines, my husband lives in canada now, i recently discover through fb pictures that he married another filipina there, but according to him he only entered a common lae marriage, i am now confused, what legal action can i take against them, can they be deported back to the Philippines?

 

[canuck_in_uk]

Hi, i do have a question, i am a filipina legally martied here in the Philippines, my husband lives in canada now, i recently discover through fb pictures that he married another filipina there, but according to him he only entered a common lae marriage, i am now confused, what legal action can i take against them, can they be deported back to the Philippines?

It is not illegal in Canada to be common-law with one person while married to another. If he actually married this woman without first divorcing you, then it would be bigamy; however, as you don't have proof or even know for sure what the situation is, you really can't do anything.

No, they can't be deported to the Philippines.

 

[screech339]

Legal separation in Canada doesn't require a special certificate as far as I know it begins when you personally decide it begins. You can still be living in the same house. So I think it's fine proof that you've been in Canada for a year.

Legal separation begins when they both have two different residence addresses. In other words, actually living apart. You are not "separated" if both people are living in same address. This is important for divorce proceedings to proceed. Divorce is not granted until after 1 year of legal separation.

 

[Gabriela Salas]

hi thank you again for your replies, if i can produce evidence that they did married there can they be charge for bigamy? Another thing my husband wants to take our children away from me, her sister took my children for medical exam without letting me know and they did forge my signature for the consent

 

[canuck_in_uk]

hi thank you again for your replies, if i can produce evidence that they did married there can they be charge for bigamy? Another thing my husband wants to take our children away from me, her sister took my children for medical exam without letting me know and they did forge my signature for the consent

If you had proof, you could let the authorities know. Whether or not he would be charged is up to them.

Your husband can't bring your children to Canada without your consent. IRCC requires legal permission from the non-accompanying parent.

 

[Gabriela Salas]

thank you very much for the information...

 

[DollyM]

Legal separation begins when they both have two different residence addresses. In other words, actually living apart. You are not "separated" if both people are living in same address. This is important for divorce proceedings to proceed. Divorce is not granted until after 1 year of legal separation.

That's not entirely correct. You can be legally separated but living in the same house. Legal separation is when two people who are married no longer live in a marriage-like relationship. That does not say that they cannot live in the same house but not live as husband and wife.

 

[Rob_TO]

hi thank you again for your replies, if i can produce evidence that they did married there can they be charge for bigamy? Another thing my husband wants to take our children away from me, her sister took my children for medical exam without letting me know and they did forge my signature for the consent

If you are scared of your children being taken without your consent, you might want to contact the Philippine authorities. Or perhaps take your kids passports as they won't be able to complete a PR app or travel without them.

Note that if your husband is being sponsored for PR, his children must do medical exam even if they are non-accompanying so will not be moving to Canada.

Note also that your husband will have the legal right to get divorced from you in Canada, and get re-married. It doesn't matter divorce is illegal in Philippines, it is perfectly legal in Canada even if you don't consent to it.

If you think they forged your signature in his PR app, then you should report it to IRCC.

 

[Gabriela Salas]

Thank you for enlightening me, anyone here who knows how to report in IRCC,

 

[Rob_TO]

Thank you for enlightening me, anyone here who knows how to report in IRCC,

Usually in Canada you would CBSA report line phone number. But since you are not in Canada, I believe you need to report it to your local embassy/visa office, so I think that's in Manila.

Or you can try using the email address for Citizenship fraud. Perhaps they can forward to the appropriate department. http://www.cic.gc.ca/english/information/protection/fraud/report.asp

 

[DollyM]

Thank you for enlightening me, anyone here who knows how to report in IRCC,

I have to ask, what is your motivation for wanting to report him or have him deported? Do you think he'll come back to you if you break up his new relationship and have him deported from Canada?

 

[Filipinay]

Hello,

Sorry that you're going through this right now. I agree with the others, you have to report to Canadian Embassy Manila that your signature was forged aside from keeping their passports. You can also go to the Philippine Immigration Bureau and file a hold departure order worst come to worst. Just wanted to ask you, how old are ur kids?

 

[Gabriela Salas]

Nope i dont have any intentions of winning him back, i just want to make sure that he wont take my children away. My son is 8years old and my daughter is 10

 

[Rob_TO]

Nope i dont have any intentions of winning him back, i just want to make sure that he wont take my children away. My son is 8years old and my daughter is 10

Just make sure you control their passports carefully.

In order to get them approved for PR and move them to Canada, their passports would need to be sent to a visa office to get a visa placed into them. Then they would also need those passports to board a flight to Canada. As long as you control their passports, this can never happen.

Also if by some chance he did get them to Canada, you could file kidnapping charges and inform IRCC/CBSA, claims which I"m sure they would take very seriously.

 

[DollyM]

Nope i dont have any intentions of winning him back, i just want to make sure that he wont take my children away. My son is 8years old and my daughter is 10

Then you need to do as has been suggested and report to the authorities (in the country that it happened) that your husband has forged your signature and you are concerned that he will attempt to kidnap them to remove them to Canada.