Dependant NON-accompanying Issues

[ashleighash]

Hi everyone, I have a issue that I would love to receive any comments on.

Right now my husband is from Costa Rica and I am from Canada and we are and have been living in Costa Rica the past two years.

10 years ago, my husband was married BRIEFLY and had a son from that marriage. Now the relationship between the ex wife and us is COMPLETELY out the window once she found out he was re-married.

She started making all types of accusations against us, that we were planning to steal `her`child etc...

She has made is EXTREMELY difficult to even see the boy, let alone help us with any information we may need. Currently we have his birth certificate and the divorce certificate. We have applied for the Custody agreement as well.

What else, other then the medical exam are we going to need to prove that we are not going to sponsor his son and that he will not be accompanying us. My husband also pays child support monthly, does ANYONE know how that works out, or what we have to do regarding that ! I`M SO LOST WHEN IT COMES TO THAT, HOPE SOMEONE CAN HELP !!!

 

[Leon]

If the ex-wife refuses to let the son have a medical or provide you with a photo of him, it would be easier if you can get that in writing or at least a statement from a witness who was present when you talked to her. You also need to write a statement saying that this is the case, she refuses a medical and you know that will cause him to never be able to sponsor his son in the future and you accept that.

 

[ashleighash]

Thank you for your reply,

Do you have any knowledge of Child Support issues, does that still apply..how does that work out...

I`m pretty sure we`d be able to swing the medical exam and the pictures as he gets SOME visits, OCCASIONALLY. Having all that information WOULD help our case and were willing to do what we have to, to get it. What do we need then, after we`ve complied the medical exam, birth certificate for the child and picture, as well as the divorce certificate, what else do we need in regards to the ex wife, child support, custody..etc...( Hope I`m not rambling and THANK YOU for your help)

 

[Leon]

Getting the medical, passport photos and other things done will keep the option open to sponsor him later, say when he turns 18 and his mother does not have power over him any more.

If you look at http://www.cic.gc.ca/english/pdf/kits/guides/3908e.pdf which is the region specific instructions for latin America, it looks like there is a form where they ask about prior marriages and he would have to list his child there and show custody agreement and divorce certificate.

It does not seem to mention child support anywhere. He can still continue sending his ex child support once he is in Canada.

 

[ashleighash]

I mean as horrible as this may sound, are we required to continue paying once we are "out of" Costa Rica.

My husband has paid like he should, but NEVER receives visits, phone calls, emails NOTHING. We try to contact her and we always get the run around, my husband has probably saw his 9 YEAR OLD son 5 times in his entire life. The son dosn't even barely know my husband and thinks of his Step father as his bio logical father. As the mother is re married with other children.

I'm sure there would be some type of problem trying to re-enter the country if the support was not paid, but we dont plan on returning until well after the child has reached the age of 18.

This woman has caused nothing but problems for my family, my husband and worst of all her poor child is in the middle, please dont take this the wrong way I'm not looking for A WAY OUT OF PAYING, just simply weighing in what is fair and what is not and what my options are.

Thanks for understanding and all your help now and in advance !

Ashleigh

 

[iarblue]

read your other post.And write a letter stating the problems you face or get a lawyer to get the court to request the items,But on your app make sure you do say you have a child,the medicals are not needed unless you are sponsoring the child,and as for visits if she does not sign a letter stating that you are allowed to bring this child before the age of 18 you will never get him to visit Canada you need his ex wife to sign a letter allowing you to travel with this child.You will never get past customs,immigration in the airport without it.

 

[ashleighash]

We never plan on having the child visit Canada or leaving at any point or time in his life.

 

[iarblue]

Then you dont have to worry about his medicals or anything else.Just make sure he does put him as a dependant in the app and it will be fine.

 

[ashleighash]

;D THANKS YOU THE BEST !

 

[iarblue]

Yeah ash if you dont plan to sponsor the child you just put him as the dependant,age,where he goes to school ,just do the questions they ask you only need medicals and photos if you are sponsoring the child ok.
I see in another post that immigration is asking him for this stuff and says his app may not go through if he does not include this stuff well i think he filled out the app wrong and CIC thinks he is sponsoring the child.
You just put the child as his dependant pay the years support and it will be done under the sponsorship part your husband includes him as his dependant thats it,he is not accompaning your spouse.

 

[ashleighash]

What I'm having a hard time understanding/deciphering is how/if the Canadian can in fact "in force" Costa Rican Law, which states that once a party is out of the country legally, they are no longer responsible to pay for that child. It is on the onus of the mother to go and file a civil suit against the party. (Good luck with that in THIS country)

 

[iarblue]

Like i said if she wanted to try and inforce it here she would have to go to court down there hire a lawyer up here to represent her in family court here.Hope she has a lot of cash.But i doubt it and if Costa Rican law states you only need to pay one year then thats what you have to do.
ANd when in the forms it asks if all support money has been paid to date you answer yes,but i would really suggest you get a letter from someone stating that he has made all required support payments in Costa Rica.

 

[ashleighash]

Good idea about the last part. I'm sure we will have to receive some type of court document stating that he has paid that so we should forward that to the application office as well ? Sounds like a good idea to cover all angles.
Because hypothetically speaking, the Canadian Gov. COULD check into all his finical matters regarding the child anyways, right ?

 

[iarblue]

Yes they can.They just request it from the embassy in Costa Rica and whitin days they will have it.

 

[ashleighash]

So better to be safe then sorry. Maybe even the fact that he has saved EVERY DEPOSIT that he has made into the account of the ex wife for the child support...photo copies of those can be good too ?