Child custody / Philippines

[Gumper]

Hello,
WE have recently submitted our spousal application. I am the sponsor (male), I was married to my Filipina wife in SEPT 2014. My wife has a 6-year-old son. On the boy's birth certificate there is no mention of his biological father. My wife split up with the father a few months after the child was born, they never lived together, never shared expenses, etc. In our application we included an affadavit written for my wife by a lawyer stating that she alone has provided for her son's material sustenance and upbringing. Someone informed us of a CIC form (5604) that can be used as a release by the other biological parent, but we don't know if it is mandatory. The Philippines Dept of Social Welfare & Development (DSWD) said in their eyes my wife is the sole guardian of the boy, proven via her obtaining a passport for him, and that there is no restriction to the boy leaving the Philippines with her. Does anyone have any experience with this? Will the CIC return our application if this form 5604 is not included? I'm not even sure if my wife can find the father to have him complete the form (AND get it notarized). If she can find him should we do it "just in case" -- and send it to CIC in Manila once we have a reference file number? (An aside: I am also a UK citizen, currently able to spend time in Europe. I am thinking of bringing my wife & her son to meet me in France. The French embassy in Manila has already told us that she does NOT require further proof of custody based on the scenario explained above.) Comments, suggestions appreciated.....!

 

[zardoz]

I think that Canada is pretty strict on this. Other threads on this forum have indicated that either that form needs to be completed or a court document awarding sole custody to the mother has to be provided instead.
It's all to prevent Canada getting embroiled in potential child abduction proceedings if the biological father should suddenly decide to assert parental rights.

 

[Gumper]

Thanks Zardoz for the (quick) reply. This can be a dog-chasing-its-tail kind of thing, because as I understand it to get a judgement in court you have to have a judgement from that agency (DSWD) that I cited. As I said, my wife contacted them and was told that she was sole guardian in their eyes. (i.e. by the act of getting a passport for the child, which requires parental permission; her's was sufficient to get that!)

 

[zardoz]

Thanks Zardoz for the (quick) reply. This can be a dog-chasing-its-tail kind of thing, because as I understand it to get a judgement in court you have to have a judgement from that agency (DSWD) that I cited. As I said, my wife contacted them and was told that she was sole guardian in their eyes. (i.e. by the act of getting a passport for the child, which requires parental permission; her's was sufficient to get that!)

I'm sure that there are others on here who have been through this exact process. Hopefully one of them can clarify the process, especially from the CIC viewpoint.

 

[canuck_in_uk]

Canada is fairly strict about having the proper documentation in order to prevent international parental kidnapping, so either sole custody papers or the IMM5604.

However, by Philippine law, a mother has sole custody and complete parental control over her illegitimate children, regardless of the father's wishes, so there is no need for the mothers to go to court to get sole custody papers.

If CIC does request the IMM5604, I suggest you send them a copy of the Philippine law, as well as communication (try to get an official letter) from the DSWD, to confirm that she already has sole custody of the child under the law.

That might be sufficient for CIC, especially since the father isn't even named on the birth certificate.

 

[Gumper]

Thanks Canuck in UK, I think it's worth a try to get a DSWD letter, they had basically verbalized that to my wife before anyway.

 

[yang01]

Hi any update on this? I have the same case. Pls reply. Thank you.

 

[Awesomeg]

Hi any update on this? I have the same case. Pls reply. Thank you.

The update that I can provide is that everything worked well for them,
just today they got the confirmation that they have been approved for permanent residence.

Seems that the road that they took worked well.

Good to try to follow the same.

 

[Gumper]

Actually it was our MP's office who said the visas have been approved....but we've yet to hear anything from CEM nor receive the passports. Tried checking ecas today but it wasn't working. However in principle it would seem they judged the custody as they should have, ie no issues.

 

[yang01]

Hi awesomeg and gumper.. What documents did you provide to the embassy?

 

[Gumper]

Hi awesomeg and gumper.. What documents did you provide to the embassy?

Documents for child custody? Just birth certificate and an affidavit / declaration of support (where my wife stated she was the sole provider since the child was an infant). The key thing is that the birth certificate must show the child's name in his mother's family, not the father's. And the father must not be on the BC, if he is they will for sure ask for the father's consent.

 

[yang01]

May I know what was stated in your affidavit? I mean the format ? Please....

 

[Gumper]

You just have to say that you have been the sole material provider of the child, and the sole guardian, words to that effect. Most lawyers should know how to word it.

 

[lynnie24]

Canada is fairly strict about having the proper documentation in order to prevent international parental kidnapping, so either sole custody papers or the IMM5604.

However, by Philippine law, a mother has sole custody and complete parental control over her illegitimate children, regardless of the father's wishes, so there is no need for the mothers to go to court to get sole custody papers.

If CIC does request the IMM5604, I suggest you send them a copy of the Philippine law, as well as communication (try to get an official letter) from the DSWD, to confirm that she already has sole custody of the child under the law.

That might be sufficient for CIC, especially since the father isn't even named on the birth certificate.


Hi canuck_in_uk,

In my case the father of my 3 children had his signature but we are not legally married...we lived together for 13 years that was 1985 up to 1999. but from 1999 to up to now i do not have any communication with him anymore.i am married with a Canadian last year and his sponsoring me and my daughter. we received additional documents request from the embassy to submit a consent letter and as you've said that we can make an affidavit from the lawyer which i am having right now affidavit of illegitimacy, do i still need to have an official letter from DSWD? hope you can answer me with this inquiry.
Thank you so much! God Bless!

 

[canuck_in_uk]

In my case the father of my 3 children had his signature but we are not legally married...we lived together for 13 years that was 1985 up to 1999. but from 1999 to up to now i do not have any communication with him anymore.i am married with a Canadian last year and his sponsoring me and my daughter. we received additional documents request from the embassy to submit a consent letter and as you've said that we can make an affidavit from the lawyer which i am having right now affidavit of illegitimacy, do i still need to have an official letter from DSWD? hope you can answer me with this inquiry.

I would try to get some sort of official confirmation from DSWD that you have sole custody of your illegitimate children by law.