I just wanna ask regarding for PR application.I am divorse and i have one dependant.I got my owp already, but waiting for the result of my pr.My dependant is below 18, and since the father doesnt want to cooperate and sign a petition or concent of non accompanying to a minor, ANY idea you can suggest i can do to get my kid? Anyway my ex husband doesnt even support or live with my kid since.Please give sone advise related to this.Thank you
For Permanent resident
- Thread starter uhmie15
- Start date
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rish888
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The other parent MUST sign IMM5604 if you don't have sole legal custody.
In cases where you don't have sole legal custody, and the other parent won't sign, then your only other option is to take that parent to family court to either get sole legal custody or to get permission from the Court to take your child to Canada.
My wife had to take her ex to court to get him to sign the form and to make adjustments in the visitation schedule. Important statements to make sure are included are:
1. The child is allowed to move to and live in Canada.
2. The child is allowed to apply for a passport and or passport renewal.
3. The child is allowed travel authorization to cross international borders for the purpose of being able to visit the parent who does not live in Canada and to return to Canada.
4. The other parent must sign any forms required for the child to move and live in Canada.
And even if you do have sole legal custody, you need to demonstrate to CIC that the child moving to Canada does not impact the other parent's visitation rights. CIC may ask for a copy of the custody agreement.
In cases where you don't have sole legal custody, and the other parent won't sign, then your only other option is to take that parent to family court to either get sole legal custody or to get permission from the Court to take your child to Canada.
My wife had to take her ex to court to get him to sign the form and to make adjustments in the visitation schedule. Important statements to make sure are included are:
1. The child is allowed to move to and live in Canada.
2. The child is allowed to apply for a passport and or passport renewal.
3. The child is allowed travel authorization to cross international borders for the purpose of being able to visit the parent who does not live in Canada and to return to Canada.
4. The other parent must sign any forms required for the child to move and live in Canada.
And even if you do have sole legal custody, you need to demonstrate to CIC that the child moving to Canada does not impact the other parent's visitation rights. CIC may ask for a copy of the custody agreement.
First, if you can pressure the other parent to sign the form that would be the quickest.
Next, you don't need sole custody and some courts may be unwilling to strip legal rights from the other parent anyway.
You just need to present your arguments in front of the judge and have the judge find in your favor to let you move the child. You'll want to get a lawyer to help you.
As for how long it takes it's entirely up to the jurisdiction where you live. Again you'll want to consult a family law lawyer to best answer this and your other questions.
Next, you don't need sole custody and some courts may be unwilling to strip legal rights from the other parent anyway.
You just need to present your arguments in front of the judge and have the judge find in your favor to let you move the child. You'll want to get a lawyer to help you.
As for how long it takes it's entirely up to the jurisdiction where you live. Again you'll want to consult a family law lawyer to best answer this and your other questions.