I should have listen to my friends -

[starnaenae]

No but my husband was never in the birth certificate. And even in the long form certificate its mention that I am the only caregiver and parent. Is that not the same thing?

This is NOT sole custody. It is not custody AT ALL. You need to have a judge award custody. I suggest working with a family lawyer and learn your rights and responsibilities. Just because he isnt on the birth certificate doesnt give you any more rights than him

 

[gst8486]

Sorry to read your situation, I can not magine what you are going through.
You should compile all evidences e.g. his messages to other women, his messages to you which clearly shows ignorance. Also, you should put together the evidence of conversation with him regarding immigration.. But you shouldn't have left Canada, Cuba is a great country but the protection you and your child could get in Canada will be umatched. Also, if you are able to provide all the evidences, he won't get a custody of the child.
It sounds like he used you for immigrating to Canada. You should talk to IRCC also tell them the whole story, tell them that you were not aware that he is using you for immigration. Perhaps, you will be required to provide the evidences and witnesses (if any). Hopefully things get better for you soon!

 

[Otilia3107]

Legally, since you are both married before the child is born, he has rights to his child. I assume that you haven't filed for divorce which means he can go to court and file for custody regardless whether his name is not on the birth certificate because technically he is the assumed father since you are still married. I suggest you go see a family lawyer and discuss whether you can gain sole custody.

Have you applied for a passport for your daughter? The father has to sign the application form as well before they can issue a passport.

My daughter has a passport I already traveled with her and they never required for my husband to sign it and there were no questions asked at the border neither. I have an appointment tomorrow with a lawer hopefully I can find out more info.

 

[Otilia3107]

Did you record the messages he sent on your computer? I imagine that would help you prove fraud and if you take him to divorce court, that might help. I would definitely talk to a family lawyer before leaving. He's not doing this because he wants his daughter, he's doing this to control you (textbook abusive behavior). If you have evidence for everything you're saying, you will likely be fine, but it will take time. Don't rush, dot your i's and cross your t's.I'm very sorry, it sounds tiring and traumatic. If everything works out, I would absolutely cut him 100% out of your daughter's life. It is much better for her she not be exposed to such toxic behavior.

Yes I have the proves of the messages also a message telling his friend that I'm kicking him out and that he doesn't love me anymore. He is playing the victim for me kicking him out. What I my supposed to do? Live with him and pay his bills and pretend everything is perfect? I will get a divorce and fight for full custody until my drop. Yes I know that's his way of having control over me.

 

[Otilia3107]

hi,
you lived 3 years with him in cuba?
why did you have to sponsor him to go to canada and not stay in cuba did he ask you that he wanted to live in canada?

I didn't live with him but I went there for extended periods at least 30 times and yes in that time we were living together.

 

[Otilia3107]

Sorry to read your situation, I can not magine what you are going through.
You should compile all evidences e.g. his messages to other women, his messages to you which clearly shows ignorance. Also, you should put together the evidence of conversation with him regarding immigration.. But you shouldn't have left Canada, Cuba is a great country but the protection you and your child could get in Canada will be umatched. Also, if you are able to provide all the evidences, he won't get a custody of the child.
It sounds like he used you for immigrating to Canada. You should talk to IRCC also tell them the whole story, tell them that you were not aware that he is using you for immigration. Perhaps, you will be required to provide the evidences and witnesses (if any). Hopefully things get better for you soon!

Thank you. I haven't left Canada yet and I was planing to go to my home country Romania not to Cuba. But I think I will stay and just try to get full custody. No point for me to call immigration because from what I was reading once he is in Canada there is nothing I can do anymore to send him back.

 

[starnaenae]

My daughter has a passport I already traveled with her and they never required for my husband to sign it and there were no questions asked at the border neither. I have an appointment tomorrow with a lawer hopefully I can find out more info.

Youre lucky no one asked for documentation from
Him. If you look on the government website its very clear you need his permission to travel with her. There are forms and stuff as well. He can claim youre abducting her and that brings you a LOT of issues. Dont do what you think is “right” because you clearly have incorrect information. Protect yourself and your child and learn what the laws are

 

[canuck_in_uk]

Thank you. I haven't left Canada yet and I was planing to go to my home country Romania not to Cuba. But I think I will stay and just try to get full custody. No point for me to call immigration because from what I was reading once he is in Canada there is nothing I can do anymore to send him back.

You can certainly report him for marriage fraud. IRCC will investigate and could potentially revoke his status.

 

[carolbb23]

Youre lucky no one asked for documentation from
Him. If you look on the government website its very clear you need his permission to travel with her. There are forms and stuff as well. He can claim youre abducting her and that brings you a LOT of issues. Dont do what you think is “right” because you clearly have incorrect information. Protect yourself and your child and learn what the laws are

your right he can make her.life hell just fight for full custody than go back home

 

[canuck78]

Would also encourage you to report him as soon as possible. It is also evidence that you believe he has entered the marriage for immigration reasons and you are taking the responsible steps. Also better to have him investigated if he is planning on getting welfare. Hopefully they find in your favour and you could get paid back if they agree that he immigrated to secure PR not for marriage.