Canadian citizenship by court order

[nelexa]

Have anyone ever got a Canadian citizenship and passport through the court order?

I'm not a Canadian citizen, my baby has been born outside Canada from Canadian citizen. Baby is entitled for the citizenship and passport by the first generation. Father doesn't want to provide any documents and give identity to the baby along with the citizenship and passport as he is afraid that I'll go to Canada and claim child support. Basically, baby's father is a deadbeat father, who leave children around the world and doesn't help them. He will never sign any documents for the applications.

I'll have a court hearing for dna test and paternity. Even DNA test I'll try to make through his sister or mother as father avoids it and didn't reply to Family Claim...

Is there any possibility to obtain those documents through the court with established dna and paternity? Should I try to seek for any particular order from judge if there is any...

 

[links18]

Baby already has Canadian citizenship. What you need is father's cooperation to get the documents needed to have proof of citizenship. I imagine the court could compel such cooperation as part of the custody proceedings as in the best interest of the child. But this likely requires legal assistance. Where are you? Where is the child? Where is the father? Do you even know?

 

[nelexa]

Father’s cooperation is not an option in my case. I’ve tried, he said clearly that he will not give Canadian passport and citizenship as in this case I might get a child support. Just to give an idea about him, girl in Canada with baby from him was after him with lawyers within 5 years, her boy is 8 years now, only after ceasing his passport she got child support. 2 boys are in Kazakhstan, he says to the mother that “she will not get anything from him, he checked with the lawyers”. 1 boy is in Ukraine, and “maybe somewhere else, he is not even sure 100%”. Cooperation is impossible…. I’m in Moscow and baby is in Moscow. Father is in Iraq currently, probably will be coming back to Dubai for a while and after 1-2 years back to Canada. Application form will require father’s original Birth Certificate and signed application forms from him…what is impossible to get. Moreover, I’ll have to establish paternity first…what is a problem as well, to have him listed in the Birth Certificate of the baby. Lawyer plans to get order for spousal support (there is no reciprocity agreement between Canada and Russia, therefore there is no sense to ask for child support, spousal support is a question mark as well). After all to cease his property bought recently and force him to sign all the required forms. However, I might not get a spousal support. The father says that “I will not get anything as I’m not a Canadian citizen and I’m wasting my time”…I want to get a passport for the baby. Lawyers in Canada have never had such a case, to fight for the Canadian passport and citizenship of a Canadian baby. One lawyer who consulted me explained that original documents can be obtained through court, as there are duplicates of all the documents in Canada. But I can forget about any forms or letters signed by him... Therefore, I’m trying to understand what are the ways to get the documents for the baby and which kind of court order the lawyers should seek for…

 

[robinspree]

Hey! How did things go? I have similar sitsuation! My Dad was born in Canada and are Canadian Citizen, so i am too! But i need his Certified birth certification for my "Proof of Citizenship" application and he is not willing to order it for me!!

 

[nelexa]

Hey! I've replied to your message somewhere else) maybe in private conversations...Hope you will see it. If you don't have funds for courts, then go with the second option, I've mentioned. Contact several family and immigration lawyers (not one-several as all of having different strategies, and free skype consultations). Immigration lawyers will know everything about such applications. Then you will know where and how to move further. You may try to contact family members of your father (mother, father, sister etc.) ask them for help, if they are good people, they can try to press your father to cooperate.