Custody papers for PR

[jbrown]

Hello everyone,

This may be a silly question but I'd like to know what exactly should the Custody papers include? "Custody papers for dependent children from a previous marriage or relationship, if applicable"

I know this is a standard document required in various permanent residence applications but I'm not clear about what the document should say and if it should be prepared by a lawyer and notarized?

Thank you.

 

[Alurra71]

Custody papers are legal documents issued by a court of law granting you (or your spouse) legal (sole or shared) custody of your child(ren). If you are applying for PR and you have children, they must be examined medically (criminally as well if 18 or older) and be included in your application as dependents. It does not matter if they are coming with you or not, they must be included.

Custody is only an issue if the other parent has the child(ren) and refuses to have them examined thus delaying your application or you are the parent with the child (shared rights) and the other parent refuses to sign the documents allowing you to bring the child(ren) with you. Sole custody in either of these situations would provide you with the ability to have the child(ren) examined and also allow you to bring them with you to Canada without permission of the other parent.

 

[jbrown]

Thanks Allura71 for your reply. It helps.

In this case, the parents are separated, never married but were common-law and share custody of a child. No disagreements. They haven’t formalized the custody arrangements with the court but it seems they’ll have to do it if one of the parents wishes to immigrate to Canada and possibly sponsor the dependent child in the future.

jb

 

[canuck_in_uk]

Thanks Allura71 for your reply. It helps.

In this case, the parents are separated, never married but were common-law and share custody of a child. No disagreements. They haven’t formalized the custody arrangements with the court but it seems they’ll have to do it if one of the parents wishes to immigrate to Canada and possibly sponsor the dependent child in the future.

jb

They don't need to formalize the agreement. The non-immigrating parent can give permission for the child to immigrate. If the non-immigrating parent refuses, then the other parent would need to go to court to obtain full legal custody.

 

[jbrown]

Thanks for the feedback.
Just so that I’m clear. If they don’t need to formalize the custody arrangement (because both parents are sharing custody with no issues), what custody papers must the applicant for PR submit?

The document checklist does say: “Custody papers of dependent children....if applicable”

Thanks.

 

[canuck_in_uk]

Thanks for the feedback.
Just so that I’m clear. If they don’t need to formalize the custody arrangement (because both parents are sharing custody with no issues), what custody papers must the applicant for PR submit?

The document checklist does say: “Custody papers of dependent children....if applicable”

Thanks.

Not applicable when parents amicably sort out their own custody arrangement and the other parent signs the IMM5604. They can just explain that there was no need for a formal arrangement.

 

[RNatalia]

Hello! Please advise how sole custody document should look like. Is there any form?
I'm single mother from the date of birth of my daughter. It's written in the legal document that according to article __ of law the father's name was recorded as per information given by mother. Would this document be considered as a sole legal custody document?