Taking my kid to Canada

[Rachel Renee]

Hi All,
Related to my previous thread there are some more questions.
I received my PR card and I'm back in India.
Firstly, I need to know about options to get PR for my child before getting a divorce. My child is staying with me and his expenses are met by me. His father takes him twice or thrice a month, to his home, that too during
morning, he has never stayed overnight with his father even once, after separation. Even when I was in Canada, child was staying with my parents. If I leave him here in India, and come back to Canada, he will be neither with his mother or father. And, since his father has not appeared for his custody, and child is living with me, by law I have the custody of my child, as of now. I can prove that with a notary attested statement proving that I have the custody of my child. Until, I get a verdict from the court, this is the legal document I can provide. I wanted to know if there is any humanitarian grounds supporting my situation, that allow him for international travel and getting a PR in Canada.

If the above situation doesn't work, I have to stay back in India, to take care of my child, until I get the custody statement from court. But, as I said since it is a time consuming process, it will affect my PR in Canada as it is valid for only 5 years and, possible extension and applying for Citizenship become difficult. Will I get some extension of my PR visa, if this is going to be the situation?

And finally, after divorce, what all things
are to be included in the custody paper of my child in order to allow him to get a PR status in Canada and allow his international travel.

Thanks

 

[canuck_in_uk]

Hi All,
Related to my previous thread there are some more questions.
I received my PR card and I'm back in India.
Firstly, I need to know about options to get PR for my child before getting a divorce. My child is staying with me and his expenses are met by me. His father takes him twice or thrice a month, to his home, that too during
morning, he has never stayed overnight with his father even once, after separation. Even when I was in Canada, child was staying with my parents. If I leave him here in India, and come back to Canada, he will be neither with his mother or father. And, since his father has not appeared for his custody, and child is living with me, by law I have the custody of my child, as of now. I can prove that with a notary attested statement proving that I have the custody of my child. Until, I get a verdict from the court, this is the legal document I can provide. I wanted to know if there is any humanitarian grounds supporting my situation, that allow him for international travel and getting a PR in Canada.

If the above situation doesn't work, I have to stay back in India, to take care of my child, until I get the custody statement from court. But, as I said since it is a time consuming process, it will affect my PR in Canada as it is valid for only 5 years and, possible extension and applying for Citizenship become difficult. Will I get some extension of my PR visa, if this is going to be the situation?

And finally, after divorce, what all things
are to be included in the custody paper of my child in order to allow him to get a PR status in Canada and allow his international travel.

Thanks

Hi

A notarized statement will not be accepted. Is there actual written law stating that the current situation gives you legal custody? For example, the Philippines has an actual law stating that mothers have full custody of illegitimate children.

There are no humanitarian grounds to allow your child to travel to Canada without the required legal permission. The rules are there to prevent international parental kidnapping.

If you remain out of Canada for more than 3 years because of this, you can try to claim H&C grounds. However, there is no guarantee.

 

[Rachel Renee]

Hi

A notarized statement will not be accepted. Is there actual written law stating that the current situation gives you legal custody? For example, the Philippines has an actual law stating that mothers have full custody of illegitimate children.

There are no humanitarian grounds to allow your child to travel to Canada without the required legal permission. The rules are there to prevent international parental kidnapping.

If you remain out of Canada for more than 3 years because of this, you can try to claim H&C grounds. However, there is no guarantee.

Thanks alot for the reply. Need to check the above mentioned details with my lawyer.

 

[canuck78]

Also you have to be in Canada to sponsor your son. There is a chance he may not be granted a trv or trp because he is not a true visitor. You really need to focus on getting custody of your child and/or your husband allowing your child to move to Canada. As mentioned before your plans to move to another country should be part of your divorce and child custody discussions. Your son is still young so it won't be a problem for his schooling. On an unrelated note have you looked into the cost of living and childcare in Canada? School isn't the full work day and there is a 2-3 month break for summer where you need to pay for childcare. Would look into those costs when planning your future.

 

[steaky]

On an unrelated note have you looked into the cost of living and childcare in Canada? School isn't the full work day and there is a 2-3 month break for summer where you need to pay for childcare. Would look into those costs when planning your future.

Isn't there's option that this would be care by the grandparents living in Canada?

 

[canuck78]

Isn't there's option that this would be care by the grandparents living in Canada?

Grandparents are all in India I believe.

 

[DollyM]

You have never answered whether you declared your son on your application and had his medical exam done prior to your landing. So, did you declare your son on your application as a dependent? Did your son have an immigration medical as part of your application even though he was not accompanying you?

These are very important to whether or not you can sponsor him.

 

[Rachel Renee]

I have declared my son as dependant and done his medicals too. I was planning to apply for our PR jointly. Just before applying for the PR, I came to know about the consent letter.

 

[Rachel Renee]

Y

Grandparents are all in India I believe.

Yes, grand parents are in India.

 

[Rachel Renee]

What all things should I include in the custody paper of my son that permits me to obtain a PR for him? Will this custody paper enough for his international travel? Sometimes the other party will be given visitation rights, like once in an year to see the child. Will this be a problem?

 

[carolbb23]

What all things should I include in the custody paper of my son that permits me to obtain a PR for him? Will this custody paper enough for his international travel? Sometimes the other party will be given visitation rights, like once in an year to see the child. Will this be a problem?

you have to get the father to write a notarized letter to say he gave you premission to take son to Canada and that you have full custody of him

 

[Rachel Renee]

you have to get the father to write a notarized letter to say he gave you premission to take son to Canada and that you have full custody of him

I was asking about the custody paper from court. His father is not giving the consent.

 

[canuck78]

Yes if your custody agreement involves visitation they will want consent from the father to avoid potential parental abduction problems. If your custody papers say you can move without having to consult the father that might be different.

 

[carolbb23]

I was asking about the custody paper from court. His father is not giving the consent.

the father being difficult has your son father ask for money

 

[DollyM]

I was asking about the custody paper from court. His father is not giving the consent.

Unfortunately, if the father is not giving you permission to remove your child to Canada then you will not be able to take him to Canada. CIC will require evidence that you either have the father's permission or a court order allowing you to remove him from your country.