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Child sponsorship

irvah

Star Member
Apr 1, 2015
102
5
Vancouver, BC
Hello everyone:

Kindly advise what is the best way to solve the problem.

My friend was sponsored to Canada by her husband. She gave a birth to her second daughter here, the little one is two months old.

Her first child, 11 years old girl, was included in sponsorship application, passed medical, but could not come to Canada due to the fact that my friend's ex-spouse, the girl's father, refused to sign a consent form to take the child abroad.

The problem is that there is no official law in the country of their origin to get a sole custody, even though the child lives with my friend's parents and has no support from her biological father (he is in tough with her once in 6-12 months only). My friends and her spouse keep sending money abroad for child support every month, my friend's parents take care of the child.

Do you know if there is any legal option for them to bring her child here? Is it possible to confirm by, let's say, some form of affidavits, that in reality it is a 100% sole custody even though there is no official documents signed? The situation is very tough, both, mother and daughter are very upset, girls is crying every time they speak.

thank you, any advice is appreciated.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
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Hi

Affidavits mean nothing for custody. She either needs permission from the father or sole custody by law. Canada cannot accept anything less because of the rules pertaining to international kidnapping.
 

Shantaveli

Star Member
Mar 2, 2016
149
2
I don't know in which country the child is and what are the laws in there but the only option is legal custody since the "father" denies to sign the consent.
Depending on the fact the child is not in touch with him often and lives with maternal grandparents let them explore options to deprive in court the biological father of parental rights in regard to the child.
 

irvah

Star Member
Apr 1, 2015
102
5
Vancouver, BC
Thank you,

She addressed the same issue to lawyer in her country,

Unfortunately, she was told that there is no way to get a sole custody as well as deprive in court the father's parental rights. There is no family law that could be used for this case.

She is thinking now to ask for her ex-spouse permission to let the child come here for the period of 6 months during every year and spend another 6 in their country. Hopefully he agrees.
 

canadianwoman

VIP Member
Nov 6, 2009
6,211
291
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
What country is it? Who knows, maybe someone on here actually knows something about that country's legal system that could help.
 

jomz

Hero Member
May 3, 2011
723
53
canadianwoman said:
What country is it? Who knows, maybe someone on here actually knows something about that country's legal system that could help.
There are some countries in the Middle East that do not give sole custody to the mother, more so if the mother of the child remarried in many countries the kids would be taken from her. My friend here in Canada is Egyptian and her and her husband immigrated here when the girls were 5 and 6 yrs old. Her husband died here in Canada and since that time she is unable to travel to Egypt with her kids as legally under Egyptian law the kids belong to her dead husband's family and she has no rights to them.
 

irvah

Star Member
Apr 1, 2015
102
5
Vancouver, BC
canadianwoman said:
What country is it? Who knows, maybe someone on here actually knows something about that country's legal system that could help.
Thank you for your help.

Yes, it is Egypt. I see another post here written by jomz regarding the same issue.
It looks that sole custody is not even an option for the mother of the child.
It is very sad.
 

jomz

Hero Member
May 3, 2011
723
53
irvah said:
Thank you for your help.

Yes, it is Egypt. I see another post here written by jomz regarding the same issue.
It looks that sole custody is not even an option for the mother of the child.
It is very sad.
It is really sad situation. Her only hope is for her ex husband to giver permission. I do not know of any other way. Maybe have your friend reach out to the Egyptian community in Canada where she lives, they may be able to offer her more information or some other way.
 

jomz

Hero Member
May 3, 2011
723
53
Shantaveli said:
I don't know in which country the child is and what are the laws in there but the only option is legal custody since the "father" denies to sign the consent.
Depending on the fact the child is not in touch with him often and lives with maternal grandparents let them explore options to deprive in court the biological father of parental rights in regard to the child.
.

In some countries this is just not possible. There are countries where family law doesn't exist, parental rights are recognized by Islamic laws only. Egypt is one example.