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Does UK Court Order/ child Arrangement Order count as having sole custody?

Mogscat

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Oct 10, 2016
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We are going through court to get leave to remove From jurisdiction to take my children age 14 and 17 to Canada under family sponsorship. I now have court orders saying both girls to live with me. Case keeps being adjourned and now awaits final hearing March, having applied last June! I am wondering if I need this last court order for leave to remove as they have now made these child arrangements orders. We are anxious to apply before girls get any older to accommodate their transition to senior high school and university age 15 and 18...anyone have experience of this? We all live in uk, my partner has dual nationality.
 

CDNPR2014

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it's probably not necessary to have to submit all the finalized paperwork upfront, however more than likely the finalization of PR approval will probably be held until IRCC is confident all the necessary paperwork to prove you have the right to remove the children from their home country is submitted/accepted.

You can certainly submit the application with an explanation that the information will be submitted when received. Basically, if you wait to until you have the paperwork, there is less of a chance of delay (though not guaranteed). If you submit the application without the paperwork, you're pretty much guaranteeing the application will be delayed.
 

Mogscat

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Oct 10, 2016
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Thank you. I suppose it's a toss up between how long it will take to get a decision from the court ( who know if it will be adjourned again in March, so far this has been due to non attendance and objections from girls' bio father so out of my control...) versus how long application wold be delayed if sent without final court order. Also, for all I know, having court order giving me sole residence might be enough anyway?
 

CDNPR2014

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Mogscat said:
Thank you. I suppose it's a toss up between how long it will take to get a decision from the court ( who know if it will be adjourned again in March, so far this has been due to non attendance and objections from girls' bio father so out of my control...) versus how long application wold be delayed if sent without final court order. Also, for all I know, having court order giving me sole residence might be enough anyway?
i'm not familiar enough with these type of issues to say...