Child custody / Philippines

[lynnie24]

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


Thank you.... i will do that to make sure everything is in the envelop when i send it to CEM

 

[Icn_bin_CAD]

Hello friend please help
Dear Seniors Please support ,
I have an Urgent question

Do we need to provide medical check for Non Custodial Child also??


Please Help Its urgent !!!!!!

 

[lynnie24]

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.....!

I have three kids from my previous relationship, and we lived together for 13 years, but we are not legally married. i got married to a Canadian last 2013 and already waiting for our visa...we just got DM last week. the reason of the delay was because the requested another documents...the ask for a letter of consent from the father of my daughter which is the youngest of my three children.But I do not know his whereabouts anymore and have no idea where he was, so I need to provide an affidavit of illegitimacy stating that in the Philippine law when you are not legally married the mother is the only one who can have the sole custody to her child. I would say you need to ask a lawyer to make this Affidavit of Illegitimacy and submit it to the embassy. it is important that they have this copy to make sure that there's no case of child kidnapping entering Canada.

 

[lynnie24]

I also called the office of DSWD and inquire about this matter and they said no need for them to make a letter or permit to take the child for travel,because the mother will be the one taking the child with her. They only gave letter of approval allowing the person to take the child to travel if that person is not the mother or the father.
So DSWD has nothing to do with this...i am in this situation and i process what is needed.

The only person that you need to see is a lawyer, i am just fortunate enough that my nephew is a lawyer and i do not need to pay.

 

[huwawei0314]

I have a question..

I am separated (not legally/no annulment) with the father of the my daughter so the custody is still shared...
Is the IMM5604 enough to sponsor her?

 

[xabibella]

I have a question..

I am separated (not legally/no annulment) with the father of the my daughter so the custody is still shared...
Is the IMM5604 enough to sponsor her?

I think as long as you declare your daughter as your dependent, you can include her in your application.

 

[canuck_in_uk]

I have a question..

I am separated (not legally/no annulment) with the father of the my daughter so the custody is still shared...
Is the IMM5604 enough to sponsor her?

If the father is willing to sign the IMM5604, then you will have no issues.

 

[huwawei0314]

Thank you....

 

[PurpleStar]

Hi canuck! What are possible options if I am unable to find the father? He has not communicated with us for nine years. Thank you in advance.

If the father is willing to sign the IMM5604, then you will have no issues.

 

[canuck_in_uk]

Hi canuck! What are possible options if I am unable to find the father? He has not communicated with us for nine years. Thank you in advance.

If the child is illegitimate, follow the advice on the first page of this thread.

If the child is legitimate, you will need to go to court to obtain sole custody.

 

[PurpleStar]

If the child is illegitimate, follow the advice on the first page of this thread.

If the child is legitimate, you will need to go to court to obtain sole custody.

Thanks! Appreciate the quick revert.

 

[besbi07]

Seniors,

please advise: i received provincial nomination but with info that if custody is not settled, PR process may be delayed.

Now my query is this: in my application me, my spouse, infant and my 2 kids from my previous marriage are listed... nomination granted only to 3 of us , excluding my 2 kids (i put will not come to canada with me due to custody issue)..

I am annulled to my wife with the statement in Annullement CAse taht custody belong to respondent (my previous) subject to my visitation but in reality my kids are with me and my previous dont have direct contact with them.. no effort at all... it is ok to just put in IMM0008 Gen Application - will accompany with you --- NO Custody is with my ex wife (as stated in our Annulment Case)?? or i need more documents though they will not come with me to canada . .for now..

any help will be appreciated..

 

[truesmile]

Yes, the latter. At the very least you would list them as non-accompanying. If you don't list them at all and are not examined, you can NEVER sponsor them to Canada in the future (don't be doing that just to expedite your current application).

Seems to me, you really need to sort out the custody issue for the children in question. If they really have no contact with your previous, get all that straightened out first . . . then apply with accurate information and accurate intentions.

 

[besbi07]

I already listed them as non accompanying but my specific concern is what do i need to write to the reason of not accompanying? In our annullment it says custody with my wife subject for my visitation.. any specific wording to put? Any experience?

 

[Julianna]

'Been there .. executed an affidavit stating personal status and as sole provider ... it was approved ... but, that was more than five years ago .. DSWD letter would be helpful, IMHO, an affidavit clearly explaining the situation, if the other parent is reachable then most likely, the form can be submitted as well .. if not, for as long as she's not married to the father, and being a single mom and parent to the child, what more can you do, but to tell and explain to them, in a sworn statement....