custody issue in cases of sponsoring children

[mamoo]

I HAVE TWO CHILDREN FROM MY EX WIFE AGE 15,13 I HAVE APPOINTED BY THE COURT AS GURGDIAN OF BOTH THE CHILD I HAVE THE PYSICAL CUSTODY OF THE CHILDREN WHO ARE NOW LIVING WITH MY 2ND WIFE IN THEIR HOME COUNTRY NOW I WANT TO SPONSOR THEM CAN GURDIANSHIP ENOUGH TO SPONSOR MY CHILDREN OR I HAVE TO HAVE SPECIFIC ORDER REGARDING THE CUSTODY ALTHOUGH IN THE COUT ORDER IT WAS MENTIONED THAT CHILDREN ARE LIVING WITH ME AND THEIR STATEMENT WAS ALSO RECOREDED IN FRONT OF JUDGE. HOWEVER, THE IMMIGRATION OFFICIAL HAS MENTIONED IN MY CAIPS THAT THE CUSTODY ISSUE HAS TO BE ADDREESED OF THE CHILDREN INCASE I WANT TO SPONSOR THEM IN FUTURE, PLS ANYBODY ADVISE ME ON THAT.

 

[Leon]

It is not enough that the children are living with you. You need to have full custody (not joint custody). You need some court papers to prove that. If you don't have that, at the very least you would need your ex-wives signed statement that she will allow the children to immigrate to Canada with you.

 

[mamoo]

thanks leon I have proper court order in which judge appointed me Legal Guardian of children where he personally met with both the children and also took their consent for living with their father my concern is that since the children are living under my custody as mentioned in the order and appointed me guardian of both the children and also issue guardianship certificate. Does it ok for their sponsorship.

 

[Leon]

Maybe it is enough but in Canada, there are two types of custody. There is full custody and there is joint custody. Full custody means that you have the right to do whatever you want with the kids, you can move with the kids, you can change what school they go to, you can change the religion you are raising them in, pretty much everything you want. The other parent only has the right to visit the children, often mandated by the courts such as 2 weekends a month.

With joint custody, the children are usually still living with one parent and often only have the same amount of time for visits with the other parent, say 2 weekends a month but the big difference is that both parents have the right to make decisions in their childrens lives. That means that the parent whom the children live with can not move, can not change what schools they go to or which religion they are being raised in without the other parents consent.

Immigration needs to know which type of custody you have. If you have a paper from the courts stating that you have the right to move to Canada with the children without their mothers consent, that will be good enough. Otherwise, you can try it but be prepared that they may ask for more data.