Custody documents

[Ario]

@Seniors or people with with similar experience
Dependent turned adult through processing period because of backlog. Unmarried but her boyfriend has fathered her child during processing period.PA reports the child as dependent as advised by VO,but before VO can send medicals forms,
they suddenly request "Custody documents allowing the child to be removed permanently from country of origin"
Boyfriend would NOT give consent for custody documents to be issued because of the wording "child to be permanently removed ".
What are the options in this case?

 

[slavasz]

No other way.
Talk to the boyfriend. Explain to him the benefits of the situation.

 

[Ario]

That is the whole point: VO requests custody documents and these are to be issued by a district court judge who requires consent of the father since he is still alive. The boyfriend does not intend marrying the child's mother,so he does not see the point of the whole process.
My question is : is there a way the mother and child can stay behind to be sponsored later when custody issues have been resolved ? If yes what is the way forward ? Any one with similar experience ?
We have been in backlog for years and this appeared at the last moment when we were waiting for medicals forms

 

[slavasz]

Sure, she can stay behind. But, she must take the medical examination.

 

[wicky]

Medical examinations

You must pass a medical examination before coming to Canada. Your dependants must also pass a medical examination even if they are not coming to Canada with you.

Applications for permanent residence will not be accepted if an applicant’s health:

* is a danger to public health or safety, or
* would cause excessive demand on health or social services in Canada.

http://www.cic.gc.ca/english/immigrate/skilled/apply-after.asp#medical

 

[wicky]

The length of time it takes to process applications varies depending on where you applied.

You may be able to avoid unnecessary delays by:

* making sure that all the necessary information is included with your application
* notifying the visa office of any changes to personal information on your application, such as your address, telephone and fax numbers or a change in the makeup of your family
* avoiding repeated inquiries to the visa office
* following all instructions from the visa office in a timely manner
* ensuring that the photocopies and documents you provide are clear and legible, and
* providing certified English or French translations of original documents that you submit in other languages.

Your application will be delayed if the office processing it has to take extra steps to assess your case. Your application will take longer if:

* there are criminal or security problems related to your application, or if additional security background checks are required, or
* your family status is not clear because of a situation, such as a divorce or an adoption that is not yet complete or child custody issues that have not been resolved.

 

[Ario]

@Wicky
Thanks for your reply but you didn't address my question. What you posted is the information on the CIC website which I am very familiar with,having been in the process for a very long time(pre- 2007 backlog.)
Slavasz tried to answer my question which was : what is the way forward if custody issues cannot be settled at the moment ? is there a way to settle them later if the dependent stays behind to be sponsored later? Anyone in a similar situation ?
Recently CIC took steps to clear the backlog ,someone from the VO contacts me regularly by email to speed up the process,my file processing was at the final stages until the time I reported the birth of the dependent's child .the VO requested updated forms and photographs with mention"Medical instructions will be sent upon receipt of the above". And when I sent those forms what I got back is a request for custody documents regarding the child which I cannot obtain as boyfriend is not willing to give his consent yet.

 

[wicky]

Hi Ario,
In your case when you don't have a child custody agreement which is required for (under 18 years old children). And the requirement according to IMM 7023 E (02-2011); is as follows

3.
CHILDREN’S INFORMATION (IF APPLICABLE)
•Children’s birth certificates (which name their parents)
•Proof of legal registration of adoption for adopted dependent children
•Proof of custody for children under the age of 18 and proof that the children may be removed from the jurisdiction of the court
•If the children will not accompany you to Canada, proof that you have fulfilled any obligation stated in custody agreements
•Proof of continuous full-time studies of all dependent children aged 22 or over, including:
•complete school records/transcripts since attaining age 22;
•letters from the schools indicating the number of hours of classes attended per day, and the number of days attended per week;
•proof of full financial support by parents since reaching age 22.

In you case when your child is an adult now, if you still include her in your application you will have to fulfill the above requirement, as VO has requested, but it is very difficult in you case and current circumstances.

Therefore the second option is;


10.
NON-ACCOMPANYING FAMILY MEMBERS DECLARATION (IF APPLICABLE):
If you have a spouse, common-law partner or dependent children and you do not intend to include them in your application for permanent residence, submit with your application:
•a notarized statutory declaration stating your intention to proceed to Canada without your family members, and
•confirming that you understand that your family members must meet immigration requirements in their own right if they wish to join you in Canada.

This is a complicated but not difficult situation.
I suggest the second option best suits you depending on the current age of your child.
You will still need to do the medicals of you child (non accompanying) but before the medicals you need to send VO the above second option requirements as soon as possible.

I hope if helps.
Thanks
Wicky

 

[Ario]

@Wicky
Now you have answered my question,that's the information I needed.The way around the barrier,the boyfriend is not prepared to marry the girl ,yet he would not give his consent as required by the country of jurisdiction before a judge issues custody documents granting me guardianship.
Concerning the age of my child ,that is not the issue ,she was still a minor (17) at the time of my initial application ,so her age is locked in as a minor dependent.Unfortunately three years into the processing period she had a child with a boyfriend back home.At the time I was working away from home in a foreign country. According to CIC the dependent's child is considered a dependent,so with no question asked she was added to the file following my notification of her birth to VO.So if I cannot obtain the custody documents ,I will go the route you suggest .
Thanks
Ario

 

[Kanamen]

Hi Ario,
In your case when you don't have a child custody agreement which is required for (under 18 years old children). And the requirement according to IMM 7023 E (02-2011); is as follows

3.
CHILDREN'S INFORMATION (IF APPLICABLE)
•Children's birth certificates (which name their parents)
•Proof of legal registration of adoption for adopted dependent children
•Proof of custody for children under the age of 18 and proof that the children may be removed from the jurisdiction of the court
•If the children will not accompany you to Canada, proof that you have fulfilled any obligation stated in custody agreements
•Proof of continuous full-time studies of all dependent children aged 22 or over, including:
•complete school records/transcripts since attaining age 22;
•letters from the schools indicating the number of hours of classes attended per day, and the number of days attended per week;
•proof of full financial support by parents since reaching age 22.

In you case when your child is an adult now, if you still include her in your application you will have to fulfill the above requirement, as VO has requested, but it is very difficult in you case and current circumstances.

Therefore the second option is;


10.
NON-ACCOMPANYING FAMILY MEMBERS DECLARATION (IF APPLICABLE):
If you have a spouse, common-law partner or dependent children and you do not intend to include them in your application for permanent residence, submit with your application:
•a notarized statutory declaration stating your intention to proceed to Canada without your family members, and
•confirming that you understand that your family members must meet immigration requirements in their own right if they wish to join you in Canada.

This is a complicated but not difficult situation.
I suggest the second option best suits you depending on the current age of your child.
You will still need to do the medicals of you child (non accompanying) but before the medicals you need to send VO the above second option requirements as soon as possible.

I hope if helps.
Thanks
Wicky

Well done bud......

 

[Pippin]

I have no personal experience with your situation, but Wicky has brought up the point that I was concerned about when I read your question:
•confirming that you understand that your family members must meet immigration requirements in their own right if they wish to join you in Canada.

This would mean your daughter would come to Canada having to prove she had sufficient points "in her own right". She would have the points of family in Canada, but would the rest of her points equal 67?

Is the baby's father performing an active role providing financial/emotional support and contributing to his child's well being? I understand from what you have written that he would have to give consent for his child to be removed permanently from the country, but might some compromise be struck for future visitation that could bring him to "Yes"? I am just trying hard to think of anything that might make him realize what opportunities your family is offering for his child's future and whether or not his refusal is based on a strong emotional attachment to his child, his desire for personal control, or a fear of the unknown. I sincerely hope that a solution will be found and applaud you for the strength and love you share as a family. Blessings.

 

[angelpot]

My opinion, get a lawyer...if your child is living with you...you have all the right...fight with your right soon you will win the custody of the child then you can accompany her to Canada..even the father insist not to give custody ..if you will get a good lawyer then you will win the case...so no problem ...ok. Hope it help..my case almost the same but..later I talk to my childs father and told him if not we go to court so he decided to participate. Godbless to you.

 

[slavasz]

"the boyfriend is not prepared to marry the girl ,yet he would not give his consent" - so, basically this boyfriend is not a nice guy, to say the least.
I still suggest to talk senses into him. It is a common situation with applicants from ex-USSR when ex-husband being an a..hole refuses to give his consent.
Usually they resolve it after several talks. And some cases with some sort of financial settlement.