divorced with kids and ex doesn't want them to go through med.

[dongrongwen]

Hello,
I'm French, sponsored for pr by my Canadian common law partner outland (Paris).
I m still in divorce process in France (it's very long).
My ex doesn't want my kids to be eligible for pr, so she refused to go through medical exam. in France.
Because of that, I took a lawyer in Vancouver.

If somebody is in the same case, could we share our experience and comments ?

Thanks a lot !

Dong

 

[expectin]

Hello,
I'm French, sponsored for pr by my Canadian common law partner outland (Paris).
I m still in divorce process in France (it's very long).
My ex doesn't want my kids to be eligible for pr, so she refused to go through medical exam. in France.
Because of that, I took a lawyer in Vancouver.

If somebody is in the same case, could we share our experience and comments ?

Thanks a lot !

In that case, theres a document that you can sigh admittin that you could not sponsor your child
in the future, and that confirms that she have full custody

Dong

 

[Rob_TO]

Hello,
I'm French, sponsored for pr by my Canadian common law partner outland (Paris).
I m still in divorce process in France (it's very long).
My ex doesn't want my kids to be eligible for pr, so she refused to go through medical exam. in France.
Because of that, I took a lawyer in Vancouver.

If somebody is in the same case, could we share our experience and comments ?

Thanks a lot !

Dong

You can include an affidavit in your application that you are excluding your kids from the app, and fully understand this means they can NEVER be sponsored by you to Canada in the future. CIC usually doesn't like this situation so may be some delays while they follow up with you, but eventually they will allow the app to process without them.

Make sure you and your ex understand that if something happened to her (i.e. if she passes away or can no longer care for the kids), since you left them off the app you can not bring them to Canada to raise them no matter the circumstances. They would need to be raised by someone else, or you would need to return to live in France to raise them.

It's much better if she will allow them to do the medical, and they are listed as non-accompanying on the app so wouldn't get PR status.

 

[dongrongwen]

Thank you very much for your reply.

Yes, I hope the process won't be delayed too much, as I provided all the documents (divorce process, emails with my ex about immigration, notarized letter done by my lawyer, a cover letter explaining the situation, etc...).

I have no hope from my ex about that, unfortunatly.... I explained everything, I have the proof of it, eveything is sent to CIC.

Dong

 

[unicornpants]

Have you heard back at all? Was an affidavit sufficient?

 

[dongrongwen]

Hi !!!

Actually, I asked many times my lawyer about that before applying for the process.

Here is what we decided to do :

- a very good and clear cover letter with one "chapter" explaining this situation with my kids,
- all the documents I have from the French court to proof my divorce process in France, and also the decision of the judge about the sole custody of my wife towards the kids,
- all the emails between her and me where we exchange about this process and also when she said she refuse to bring them to medical,
- a declaration signed by me and the lawyer, saying that I know all the consequences of that and I acknowledge that I won't be able to sponsor them in the future.

Let's see what's Paris VO is gonna say....

Dong

 

[unicornpants]

Did you get anything from CIC? Just wondering how this went

 

[dongrongwen]

Hi !
Actually, my sponsor got approved on March 14th. We got an email for that.
My file is now in Paris since March 15th, in process, so I have no news yet about the situation with kids.
By precautions, my lawyer asked me to forward all the emails between me and my ex, where it's very clear I did all what I could to expose the situation to her, and also where she says she refuses the process for the kids.
We have all the proofs she took this decision, not me.
My lawyer will send it in Paris VO only if necessary.
I will keep posted about that if anything new is coming.
Dong

 

[unicornpants]

I'd definitely be interested to know.

I've got a similar situation where we cannot get the medical for my hubby's son so we're going to do something similar.

 

[dongrongwen]

Yes, Unicorn,
My lawyer seems to be confident as I can proof by the French court papers my ex has the full custody.
He told me that he read a case that a PR has been refused to an English man in the same situation but because this man had to share the custody of the kids, so the case was different.
I must say that I'm purple bit anxious about that.
So I did my best to convince my ex, but nothing...
I'm now working on collecting all the emails between us about that. Me and my lawyer want to have all we can have to send to Paris in case of.
By the way, my final divorce decision will be done in 2 weeks, and we also waiting for that.
Let's keep posted, ok ?
Dong

 

[unicornpants]

Your situation has definitely helped us although our situation is different. We have decided to get a lawyer who is also assisting us with a response for what will likely be an inability to obtain medical for my husband's non-accompanying child. Right now we just need a bit more proof that we cannot get it (or if we're somehow able to get it then great) and then we can hopefully move forward

 

[dongrongwen]

Hi !
Thanks for your reply !
Let's share our informations, if you are ok with that.
Actually, I didn'here find many people in that case here on this forum.

I m interested in what your lawyer said to you about that situation.

Let's keep posted. You can also send me private message if you need to !

Dong

 

[unicornpants]

Well in our situation, he has had no contact with his son (or ex wife) for years. We only recently found her on social media.

Our lawyer suggested:
- Request an extension on the requirement for a medical for his son (we were given 30 days which isn't enough time)
- Attempt to make contact with his ex-wife via social media over the next several weeks. The goal is to get the medical.
- If we get the medical then great.
- If we don't then we provide all the documented proof that she won't comply and submit that to CIC

Ultimately he said that if we have sufficient evidence that we have no contact and cannot get what we need that it should allow us to move forward with our application.

 

[dongrongwen]

Hi unicornpants,

Thanks for your informations.
Actually, our lawyer is on the same page, meaning that we have to prove that we did our best to inform my ex, and providing the evidence of her refusal for kids.
Then I signed an affidavit, notarized by the lawyer.
As she has the full custody in France, it should be ok....
But we never know and I'm a bit nervous for that.

Btw, I sent you a private message, feel free to answer, no problem !
I'm actually happy to have found somebody in this situation like me.

Have a good day,

Dong

 

[expectin]

Hi unicornpants,

Thanks for your informations.
Actually, our lawyer is on the same page, meaning that we have to prove that we did our best to inform my ex, and providing the evidence of her refusal for kids.
Then I signed an affidavit, notarized by the lawyer.
As she has the full custody in France, it should be ok....
But we never know and I'm a bit nervous for that.

Btw, I sent you a private message, feel free to answer, no problem !
I'm actually happy to have found somebody in this situation like me.

Have a good day,

Dong

Hi, Just wanted to ask, in the case that the ex have the full custody and does not want to get the kid to do the medical,
and i made the paper with the lawyer affidavir, still have to get proff of that she have the full cutody?? Tahnk you so much