Child custody requirements for PR

[truptisen1]

Hi,
My husband and I are looking to file a Mutual Consent divorce.
We have a baby but he hasn’t shown any interest in the child till date.

If I share my intent to immigrate with the baby, he would try to take advantage and cause problems.

Can you advice on the terms and legal wording to use in the Mutual Divorce filing? I want to apply for PR with my baby as dependent, without my spouse’s permission (without spouse’s Medicals/
PoliceClearance or any NOC letter from him)?

1. I have read that I should have Sole/Full Custody..Is this alone sufficient?

2. Should my husband give up his access/visitation rights to the baby? (He has not visited the baby in over a year anyways.)

3.Should my husband terminate all his “Parental Rights/authority” and give up Guardianship, if I have to apply for PR without giving him any notice of the process our re-location?


Also, if/when I receive ITA, can I just share the Mutual consent Divorce filing with the agreed custody details, with an explanation letter? (I will only get the divorce certificate 6 months after it if filed..)

Or would I need to have the final divorce certificate in order to upload and process the ITA?

Thanks,
TS

 

[JamesBarnes]

Good Afternoon!

This sounds like something that is, unfortunately, out of the scope of these forums. I would advise that you contact a lawyer to assist you with this one as it seems like your case has the potential to be rather complicated. I'm not sure anyone other than someone legally trained would be able/want to advise whether your husband should give up his parental rights.

You also haven't mentioned how you are intending to immigrate. This forum is for those being sponsored by a family member. This link is a list of all the forums/ways to immigrate : https://www.canadavisa.com/canada-immigration-discussion-board/#immigration-to-canada.9 but again I think it would be best for you to consult a lawyer.

Hope this helps!

 

[canuck78]

You’ll need sole custody without visitation to be able to apply to immigrate without his permission. It would be even better if in your divorce/custody agreement you specify that you can move with the child without his permission.

 

[truptisen1]

Good Afternoon!

This sounds like something that is, unfortunately, out of the scope of these forums. I would advise that you contact a lawyer to assist you with this one as it seems like your case has the potential to be rather complicated. I'm not sure anyone other than someone legally trained would be able/want to advise whether your husband should give up his parental rights.

You also haven't mentioned how you are intending to immigrate. This forum is for those being sponsored by a family member. This link is a list of all the forums/ways to immigrate : https://www.canadavisa.com/canada-immigration-discussion-board/#immigration-to-canada.9 but again I think it would be best for you to consult a lawyer.

Hope this helps!

Thanks James.
I’m looking at applying for an Express Entry. Apologies for posting in the wrong forum.

Yes, I’m also speaking to an attorney, but they didn’t seem very familiar with my options, as they are more Civil/Corporate lawyers.

 

[truptisen1]

You’ll need sole custody without visitation to be able to apply to immigrate without his permission. It would be even better if in your divorce/custody agreement you specify that you can move with the child without his permission.

You’ll need sole custody without visitation to be able to apply to immigrate without his permission. It would be even better if in your divorce/custody agreement you specify that you can move with the child without his permission.

Thank you! that’s helpful.

Should the agreement refer to “Parental Rights” in addition to these?

Also, can I submit my Express Entry profile once the Mutual Div is filed with above Custody information? Will the IRCC accept proof of the filed petition, and wait to receive the final order in 6 months?

Or should I wait for the final Divorce certificate signed off by the courts, before submitting an Express entry profile?

 

[canuck78]

Thank you! that’s helpful.

Should the agreement refer to “Parental Rights” in addition to these?

Also, can I submit my Express Entry profile once the Mutual Div is filed with above Custody information? Will the IRCC accept proof of the filed petition, and wait to receive the final order in 6 months?

Or should I wait for the final Divorce certificate signed off by the courts, before submitting an Express entry profile?

No need to refer to parental rights. Every country has different divorce and custody laws. It is most important for your to get full custody with no visitation if you don't want your ex-husband to have to sign off on the move. It would be best if you could finalize your divorce and custody documentation before you apply for PR. You can apply if you want but you may run into problems if you need to submit divorce ans custody proof and they are not available. Would start preparing your documentation. Have you had your degrees assessed? Passes the IELTS?

 

[truptisen1]

No need to refer to parental rights. Every country has different divorce and custody laws. It is most important for your to get full custody with no visitation if you don't want your ex-husband to have to sign off on the move. It would be best if you could finalize your divorce and custody documentation before you apply for PR. You can apply if you want but you may run into problems if you need to submit divorce ans custody proof and they are not available. Would start preparing your documentation. Have you had your degrees assessed? Passes the IELTS?

Ok. Thank you again- Much appreciated. I’ll wait to get the paperwork in order.

I’ve got a WES accreditation done. I’m waiting to write the IELTS closer to my EOI time, since it’s only valid for 2 yrs.

 

[shalinikaur2121]

Hi,
My husband and I are looking to file a Mutual Consent divorce.
We have a baby but he hasn’t shown any interest in the child till date.

If I share my intent to immigrate with the baby, he would try to take advantage and cause problems.

Can you advice on the terms and legal wording to use in the Mutual Divorce filing? I want to apply for PR with my baby as dependent, without my spouse’s permission (without spouse’s Medicals/
PoliceClearance or any NOC letter from him)?

1. I have read that I should have Sole/Full Custody..Is this alone sufficient?

2. Should my husband give up his access/visitation rights to the baby? (He has not visited the baby in over a year anyways.)

3.Should my husband terminate all his “Parental Rights/authority” and give up Guardianship, if I have to apply for PR without giving him any notice of the process our re-location?


Also, if/when I receive ITA, can I just share the Mutual consent Divorce filing with the agreed custody details, with an explanation letter? (I will only get the divorce certificate 6 months after it if filed..)

Or would I need to have the final divorce certificate in order to upload and process the ITA?

Hi Tripti

My case is same, did you manage to get PR, i need help on this