Canadian Male sponsoring US wife - How to get her children

[Goliath1971]

I am a Canadian sponsoring an American woman whom I married here in Canada and she wants her children.

She has her PR papers in as well as my Sponsorship papers in for her, she also applied for a student and work visa at the same time and were received by Canadian inland immigration mid June 2010.
Currently she is here with her Visitors Visa.

Her children (all three 13yrs and less) desperately want her to find a way to have them live with us. She has joint legal custody of her children, her former spouse currently has sole physical custody of them. She left the marriage after many years of physical/mental/emotional abuse. She had no other alternative but to move harms way from him. Met and married me. I work full time with an income of just over $45k/yr and have joint custody of my 2 children. I also currently pay her former spouse child support until she can legally work in Canada.

- Her PR papers are complete and very detailed and should not pose too much trouble if any with immigration.
- Herself as well as her children all had their medicals completed.[/list]


What can be done? Typically here, if a child is of an age mature enough to say whom they wish to reside with, a judge will not argue that choice. Out of Country and in her situation, I do not know what the possibilities are.


Thanks in advance for any advice.



To give a more stable and loving environment for her children to grow and become good people with dreams and wants in life is important. Their mother cares about a reasonable sharing of parenting time than her former spouse has ever allowed, this is also important for the kids.

A loving husband and caring father (stepfather)

 

[rjessome]

From an immigration perspective, nothing can be done. CIC will not interfer with matters pertaining to custody of children. This is something she must fight out in the appropriate family court, probably in the state where the children reside. Best of luck.

 

[plumosa]

if she does not have them go under the same medical exam that she is did she will NOT be able to sponsor them at a later date when it is all figured out. Please make sure this is done asap!

 

[RobsLuv]

plumosa - author mentioned that children were included on application and examined. As far as bringing them to Canada, unless she has authorization from the custodial parent, CIC will not issue them permanent resident visas. If she cannot get her ex to voluntarily give authorization, she will have to petition the family court in their State for custody.

It is true that, once a child reaches a certain age, Judges will listen to their preferences for who they want to live with - regardless of the parents' wishes. But at 13 years and less, your wife's children are probably not old enough yet to be allowed to make that choice on their own - it would sorta depend on the Court. My suggestion would be that you guys continue to proceed with your wife's permanent status application (with the children designated non-accompanying), and get that out of the way. Then, once she has PR, she can fight the court battle to get custody - which will probably be lengthy and costly - and then sponsor the children herself if she is successful in getting custody. Keep in mind that unless she is granted sole legal and physical custody, she will still need their father's authorization to immigrate to Canada. Unless she can prove him an unfit parent, it's not likely the Court will terminate his legal right to the children . . . even if just for visitation.

The alternative is to wait until the children are old enough to be heard by the Court and if they express a desire to come to Canada to live with their mother, ask the Court to honour that decision and then she sponsors them. In the end, they will eventually reach the "age of majority", when their father no longer has the authority to stop their immigration, and as long as CIC is still designating as "dependents" children who are less than 22 years of age and not married or common-law, she can apply to sponsor them then if they want to come to Canada.

 

[Goliath1971]

I appreciate the response.

I will look into the age variations that protect children's rights in that state. Her 14 year old is adamant about coming, doesn't want to go back after summer vacation here. ....It is so very hard as parents to be powerless without the bottomless funds to fight in court.

I believe that and keep hope alive that what is supposed to happen will happen, we won't stop trying.


...I am posting a new question regarding how to, if it is possible to speed up the PR process/work and student visas etc.

Thanks again for the quick and detailed help....if anyone has more to mention I'd appreciate it as well and will check back.