Expert Advice

[Canada_Tim]

Hello

Looking for expert advice. Please hold judgement.

I am sponsoring my wife from Indonesia. She has a child, whom we thought was mine. We weren’t necessarily exclusive at first but once she was determined to be pwregnant we were. After a bunch of time we tried to get our daughter Canadian citizenship and it was determined through a DNA test that she wasn’t my child. I had taken care of and raised her to this point and the actual father is unknown.

We are fairly far along in the inland process as they have both been living here since 2015. Medicals are complete and now we have a request from CIC to get a court ordered custody arrangement or signature from her birth father.

We originally submitted a signed letter to the extent above. There is no father listed on the BC nor on the passport. What do we do. We have until may 25th.

 

[scylla]

Is there no way to find out who the father is? International law requires that the father provide approval for the child to be moved to Canada.

 

[Canada_Tim]

This is highly unlikely. It was a one night stand almost 5 years ago.

 

[canuck_in_uk]

This is highly unlikely. It was a one night stand almost 5 years ago.

Then she needs to go through the courts to be granted complete custody.

 

[Canada_Tim]

Which courts? Does this seem logical? Isn’t it implied that she has sole custody considering all other factors? Wouldn’t a signed affidavit be sufficient?

Anybody been in this scenario can add their two cents?

 

[scylla]

Which courts? Does this seem logical? Isn’t it implied that she has sole custody considering all other factors? Wouldn’t a signed affidavit be sufficient?

Anybody been in this scenario can add their two cents?

It would be the courts of her child's home country.

I would look into Indonesian law to see if the fact that only she is named on the birth certificate gives her sole custody.

Might also be a good idea to consult with a good immigration lawyer to get an expert opinion.

 

[canuck_in_uk]

Which courts? Does this seem logical? Isn’t it implied that she has sole custody considering all other factors? Wouldn’t a signed affidavit be sufficient?

Anybody been in this scenario can add their two cents?

Perfectly logical. She needs either permission from the child's father or sole legal custody. It would be quite simple for her to sign an affidavit saying she doesn't know who or where the father is when in fact she does and is trying to the child out of country without his knowledge. If IRCC accepted that affidavit, they would be party to an international parental kidnapping.

As scylla said, she can research the laws of her country. I know that the Philippines has a law which automatically grants full legal custody of illegitimate children to the mother. Perhaps her country has something similar.

 

[Canada_Tim]

Well that’s a start and I really appreciate your help.

After some research it looks like children out of wedlock are automatically in the sole custody of the mother. There is a specific out of wedlock birth certificate that indicates this with only the mothers name on it. My daughter has this already. Now it’s a matter of proving that.