help seniors pls. this is urgent

[ujbaby]

I want to apply cec with my dependent children (excluding former spouse) and i am wondering because in the documents checklist, it says proof of full custody for children under the age of 18 and proof that the children maybe removed from the jurisdiction of the court. I leave in Canada but my children still resides back home. i am currently back home in order to gather documents needed for my children to immigrate with me. i have succeeded in convincing my former spouse to sign the statutory separation declaration for each of them so that i will take them with me. my question is how will i get proof of full custody and proof that the children maybe removed from the jurisdiction of the court?????? pls can some one help explain this to me on how to get this proofs. i have only statutory separation declaration form completed and don't know how to go about getting the rest. i also wonder which visa office to choose for my application as my kids don't live in Canada. can i choose Buffalo or choose visa office back home since my kids resides there????? will CIC ask me to go back home in case of interview????? pls help me all seniors on this forum
Thanx

 

[ujbaby]

pls reply experts. I really need suggestions urgently before i return to Canada. I never go to court with my former spouse for any custody issues because the kids have been under his care since i left to Canada( no court issues at all between us) so i don't know which proof to show CIC. The only proof is the consent form that he completed to let me take the children without him accompanying and no other proofs. how will i explain this to them????? I don't want my application to be refused because of this issue.

 

[SenoritaBella]

If you want to bring your kids, you have to discuss custody arrangements with your ex. He has been the primary care giver as you admit, so you will need him to agree to grant you full custody and then get a court to sign off on it for it to be enforceable. There are international laws against the abduction/separation of children by spouses(not saying you are doing this) and proof of custody ensures that Canada has done its part to obey these laws.

If you don't succeed in convincing him to grant you full custody, you can always list the children on your application as "non-accompanying" but make sure they do medicals so that you can sponsor them in the future if need be. The bottomline is, the children's best interest should always come first and you may have to ask yourself if they better off staying with their father in a country they have known all their lives, made friends, have a lot more family support, etc or being uprooted to a new country? Goodluck!

 

[jes_ON]

pls reply experts. I really need suggestions urgently before i return to Canada. I never go to court with my former spouse for any custody issues because the kids have been under his care since i left to Canada( no court issues at all between us) so i don't know which proof to show CIC. The only proof is the consent form that he completed to let me take the children without him accompanying and no other proofs. how will i explain this to them????? I don't want my application to be refused because of this issue.

Well, then, you'd better see a lawyer in your country while you are there. The "proof" will depend on the legal requirements of your country.

 

[ujbaby]

Thanx Jes and Senorita.

I am still in my home country to be returned to canada next week. I met a lawyer concerning this custody issue and he said that the statutory declaration form signed by my former spouse and witnessed by the notary public is enough and that i don't need further proof to show to cic ( photocopy of spouse photo ID will be included). i am still wondering because it is written in the documents checklist to include proof of child full custody. i still believe that i need to get the proof. so my question now is whether a sworn affidavit from my spouse stating that he is granting me the full custody of the children and that they they can accompany me to canada without him accompanying??? this affidavit has to be signed by him as well as the court .. i don't know if it will help. pls suggest for me on what to do???? and what he can swear in the affidavit if possible.. I appreciate all ur responses

 

[jes_ON]

Thanx Jes and Senorita.

I am still in my home country to be returned to canada next week. I met a lawyer concerning this custody issue and he said that the statutory declaration form signed by my former spouse and witnessed by the notary public is enough and that i don't need further proof to show to cic ( photocopy of spouse photo ID will be included). i am still wondering because it is written in the documents checklist to include proof of child full custody. i still believe that i need to get the proof. so my question now is whether a sworn affidavit from my spouse stating that he is granting me the full custody of the children and that they they can accompany me to canada without him accompanying??? this affidavit has to be signed by him as well as the court .. i don't know if it will help. pls suggest for me on what to do???? and what he can swear in the affidavit if possible.. I appreciate all ur responses

On the check list, box 13 says "Children's Information (if applicable)." Not all things on the list may be applicable to your situation.

The main question I have - what documentation do you have regarding divorce/separation, and what does it say regarding custody arrangements? Are there any legal custody arrangements?

 

[ujbaby]

On the check list, box 13 says "Children's Information (if applicable)." Not all things on the list may be applicable to your situation.

The main question I have - what documentation do you have regarding divorce/separation, and what does it say regarding custody arrangements? Are there any legal custody arrangements?

Thanx Jes for ur prompt reply.

I have only divorce paper granted from a court (children's custody agreement was not mentioned). There was never a child custody battle/issues between us since i am already in canada at the time of the divorce and the children have been under his care. There is nothing more to prove. pls respond. Thanx

 

[ujbaby]

pls respond seniors. i am still waiting for answer. i dont know if affidavit will serve the same purpose or which other proof do i need to show cec??????

 

[jes_ON]

I suggest you follow your lawyer's advice. If CIC wants more proof later, they will ask for it.