Custody Papers

[Ivancica]

Hello, I have a question.

My husband has children from a previous marriage. He does not have custody of them, only one of them is still a minor and in government care. Does he go to his country's Ministry of Children (or something similar) and get a paper confirming that? What should the documents be? As I mentioned, one child is a still a minor, the other is 20 years old with intentions of immigrating on his own (not via my husband) in the future.

Thank you!

 

[wowsers]

Your question is rather vague. You need to be more specific when seeking advice. However I have gleaned some facts from your previous posts. You are in Canada, but it is not clear to me whether you are a Canadian citizen or a permanent resident. You have or have had advice from a lawyer who has advised you to apply outland through Vienna, presumably for permanent residency for your husband. So I assume t lawyer has established that you are either a citizen or a pr and therefore entitled to sponsor your husband, who is currently in Croatia and presumably Croatian. Correct so far? Your question concerns your husband's children, one of whom is being cared for by the state. The other is 20 years old. Your question is whether your husband should ask the government department which has care of the younger child for a paper confirming that the child is in care. I do not see why that should be required for immigration to Canada. In due course your husband or your lawyer on his behalf will need to arrange for your youngest child to be medically examined and for that purpose he will of course need to contact the government department. I do not think the child's status as a ward of the state means that the child ceases to be a dependant for Canadian immigration purposes. Have a read of the guide IMM 3900 at page 5. You will need to check with your lawyer whether a medical exam will be required for the 20 year old. I think the position is that such an examination is required if he is still single; but you should check that with your lawyer. If a medical exam is required it will be required whether or not the child will be accompanying your husband to Canada. Does that sufficiently answer your question?

 

[Ivancica]

I did not realize I had to be that specific. My husband is being sponsored through Vienna yes, I am Canadian born. On the check list of documents it states that I need a copy of Custody documents for children of a previous marriage. I am asking what sort of documents those are. He has no rights to either child, I am unsure if he has the access to getting them medically examined. So my question is, what sort of documents am I looking for that satisfies this requirement.

 

[zardoz]

If he has no custody and no parental rights or responsibility, he should declare them as his non-accompanying dependents. However he should add an extra sheet of paper to the form that clearly states the situation. He can't force the child to be examined if he has no custody and I'm sure CIC see this situation all the time. They will then advise him what he needs to provide.