biological father doesnt want to sign the consent to travel

[swestenzweig]

It's not a case of whether it's possible to get the child across the border. It's that CIC will not proceed with the application without this being resolved to their sole legal satisfaction.

Signing a document to allow to cross borders is not the same as permission to let the child leave permanently out of the country. The big difference is one can be charge with kidnapping despite allowing permission to cross borders.

CiC will refuse to give PR to a child if one parent doesn't allow it. If CIC were to go ahead (not going to happen) and process PR for daughter without parent's permission, they are, in a sense, aiding and abetting kidnapping.

I understand the difference. I realize that CIC will never process a PR on a dependent without consent of all those who have a share in custody. However, as the original question made no reference to a PR, my response was in the context of the consent to travel form.

 

[screech339]

I understand the difference. I realize that CIC will never process a PR on a dependent without consent of all those who have a share in custody. However, as the original question made no reference to a PR, my response was in the context of the consent to travel form.

In the strictest sense of the word and posting, the OP could be talking about consent to travel documentation as you mentioned. But I think that since the OP has posted it in the family class sponsorship thread, OP could still be talking about PR sponsorship for her daughter.

In any case, even with the consent form, the OP still cannot force the father to sign the consent travel form as he has his rights as a father, despite his failings being a father to his daughter. The OP can try to go to court over it but need to prove that the father is negligent in the daughter's welfare. This can lead to being granted sole custody. The OP will still have a tough time forcing the father to sign it. Besides the document could still be invalid if it is signed under order or under duress. It has to be signed freely under his own free will.

 

[patreya]

If the father is not signing it, can we get some kind of court order or document which gives sole custody to the mother or also need to write specifically in this document that she can travel alone (without kids father)?

 

[patreya]

This question was from long time ago, was there any solution reached?