Ex not allowing for my kid medicals

[SAA1234]

I added my son from previous marriage on EE PR application as non-accompanying dependant. I need to attach his upfront medicals for further processing. But my ex is not allowing my son for medicals. Our divorce is based on the mutual consent and my ex took the full custody of my son. I haven’t seen my son from past 6 years. If you have been in similar situation can you please suggest how to proceed with it. I have only few days left for submitting the application.

 

[SAA1234]

@NV1986 I read your post. Could you please advice is it possible to share the LOE format.

 

[rower]

My ex is not allowing my son for medicals. Our divorce is based on the mutual consent and my ex took the custody of my son. Have not seen my son from past 6 years. If you have been in similar situation can you please suggest how to proceed with it. I have only few days left for submitting my PR application.

What I understand is that, even if you do manage to do the medicals of your child how will you be able to have your son travel to Canada to become a PR? You must provide that proof of consent in your application as well, or a court order in lieu of that. Excerpts from IRCC:

Applicants who have included in their application children who are subject to custody orders must provide proof that they are allowed to remove the children from the area of jurisdiction of the court. The parent or legal guardian overseas must provide written consent for the child to travel to Canada for the purposes of becoming a permanent resident. A court order is acceptable in cases where that person is unwilling to provide consent.

Also, non-accompanying parents or guardians and former spouses or common-law partners must complete and submit a IMM5604 declaration fr every applicable child. Here's the link.

Let me know if I have understood your case correctly.

 

[SAA1234]

What I understand is that, even if you do manage to do the medicals of your child how will you be able to have your son travel to Canada to become a PR? You must provide that proof of consent in your application as well, or a court order in lieu of that. Excerpts from IRCC:

Applicants who have included in their application children who are subject to custody orders must provide proof that they are allowed to remove the children from the area of jurisdiction of the court. The parent or legal guardian overseas must provide written consent for the child to travel to Canada for the purposes of becoming a permanent resident. A court order is acceptable in cases where that person is unwilling to provide consent.

Also, non-accompanying parents or guardians and former spouses or common-law partners must complete and submit a IMM5604 declaration fr every applicable child. Here's the link.

Let me know if I have understood your case correctly.

@rowerThanks for your reply. I added him as a non-accompanying dependant.

 

[singh@1234]

hey consult that mark holthe immigration consultant. He can help you with his counsel.

 

[rower]

.. I added him as a non-accompanying dependant.

In that case you will have to convince your ex-spouse to allow for your son's medicals and that it doesn't affect the custody in any way. The last resort is a court order, which may take few days. So, if you have only a few days left to apply, keep an LoE ready to explain your situation in case you don't have the medicals and the declaration on time to attach to your application.

 

[SAA1234]

In that case you will have to convince your ex-spouse to allow for your son's medicals and that it doesn't affect the custody in any way. The last resort is a court order, which may take few days. So, if you have only a few days left to apply, keep an LoE ready to explain your situation in case you don't have the medicals and the declaration on time to attach to your application.

@rower .. I tried my best to convince her. I have sent my brother, my father and my neighbour to her home to talk to her and convince her. But they failed. I hired a lawyer to talk to her. The lawyer was able to convince her and she agreed to allow my son for medicals. I booked the slot as per her convenience. But, just a day before medical test she phoned my lawyer and said she will not allow my son for the medicals.

 

[rower]

@rower .. I tried my best to convince her. I have sent my brother, my father and my neighbour to her home to talk to her and convince her. But they failed. I hired a lawyer to talk to her. The lawyer was able to convince her and she agreed to allow my son for medicals. I booked the slot as per her convenience. But, just a day before medical test she phoned my lawyer and said she will not allow my son for the medicals.

Sorry to hear that. Prepare an LoE so that your application can be filed, your lawyer can help you in that. Next steps would be to sort it out in the court, perhaps.