Children's Information: Item 8 on IMM3910

[jordo]

Hello,
Just want some clarification on item #8 on the checklist form IM3910.
I am sponsoring my American spouse who has a dependent 10 year old child from a previous marriage.

We have gotten IM5604 filled out by my spouse's ex-husband (who is not immigrating).

Does this form provide all the authorization required to satisfy the statement on the checklist?
"If you are divorced, or separated, you must include proof that you have custody of the children, that you have fulfilled all obligations in custody agreements, and that the children are free to move to Canada."

As I read that statement, it seems to me that there are 3 separate items to check off.
1. Proof that you have custody of the children.
Am I correct in assuming that my spouse's divorce decree/parenting plan that states my spouse is the primary custodial parent satisfies this requirement?

2. Proof that you have fulfilled all obligations in custody agreements.
THIS is what is confusing to me. What are they looking for?

3. Proof that the children are free to move to Canada.
IMM5604 has been signed by the non-accompanying ex husband (child's father). Is this form also good enough to satisfy the "all obligations" point?

Thanks
Jordo

 

[Omegabyte]

Many parenting plans/custody agreements in the US require the custodial parent to give the non-custodial parent 60-90 days advance notice in writing of any moves which take the child out of the jurisdiction of the court that ruled on the agreement. That notice is an obligation that must be fulfilled. Also, if the agreement/plan gives the non-custodial parent visitation, and you don't get that changed or amended, they could say that obligation isn't fulfilled, either.

I would suggest looking the parenting plan/custody agreement over carefully. If there's any of these types of obligations, your spouse will probably have to to get a statement from the non-custodial parent agreeing to the move.

 

[jordo]

Looks like my spouse and I will need to complete the the Notice to move obligation through family court. While we do have IMM5604 signed, the non-immigrating parent has objected to the move in the court file which will need to be resolved. Thanks for your input.

Another question: Is there an expiry time period to IMM5604?

 

[Omegabyte]

First, I'm not an attorney or paralegal.

Given that, I'm not sure if there's an expiration date for IMM5604, but if the non-custodial parent has made an objection to your spouse bringing their dependent child after that form was filled out and signed, it might be seen now as null and void.

Good luck getting things resolved in a timely fashion.