IMM 5604 Advice!

[Jane316]

Hi

I right now have full legal and residential custody of my daughter. My husband is sponser us but my ex definitely will not sign the IMM 5604. He has once a month short visitation rights. Will immigration accept my court order and not require 5604? We live in America right now and can visit for their visitations.

 

[jordo]

EDITED
You should be fine with a custody order declaring that you have full legal custody of your child. On the checklist, it says to provide an explanation if you cannot get the declaration signed.

Here's our story for those who don't have full legal custody:

In my wife's case, she doesn't have full legal custody (shared), so when her ex refused to sign, we went through the whole Relocation court process. The court treated an international move the same way they would treat an interstate or intrastate move. Part of the wording we got in the court order allowing us to move was for the ex to sign any and all requested documents/forms and renewals thereof (passport/IMM5604) that would otherwise prevent the relocation to Canada from happening. With the court order, we got the form signed and a passport, and clear language in the custody order specifically allowing the move to Canada and free travel anywhere in North America without a travel authorization from the other parent.

 

[jordo]

Dug this up.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/cannot-provide-imm-5604-form-sole-custody-doc-from-the-court-will-be-ok.405418/

and

https://www.canadavisa.com/canada-immigration-discussion-board/threads/mom-with-child-sole-custody-and-authority-but-dad-refused-to-sign-consent.391251/

 

[Jane316]

I have full custody but there is monthly visitation. Can this affect our situation?

Also, I was researching going through the courts... since there is a possibility my ex may oppose the move and go that route anyway. What state was your case in?

Thanks so much for your help!

 

[jordo]

In our case we were able to show to the judge that our move wouldn't affect the visitation plan. If moving would make the current visit plan impossible (kids visit weekly) then you will probably need to have the schedule amended.

My wife is in Washington State but the ex had already moved to Nebraska right after their divorce which made her plan to move to Saskatchewan a no brainer since Saskatchewan is closer to Nebraska than Washington is. The visitation plan was already in place for long distance (summers, holidays) prior to her wanting to move to Canada.

You'll need to double check your state's relocation procedure to give notice etc. Besides this form which you may or may not need, you probably will need to show in the custody plan that you have permission to move away from your current location.

 

[Jane316]

Thank you so much for your reply!

This was incredibly helpful. I have contacted an attorney so that I can have a consultation to review my states procedures. What were some points you made during your relocation case that you think may have helped it? (Besides the obvious that the move was closer to the original place that where the other parent moved to)

Also, I noticed your wife only took 8 months to receive her visa!! Any tips for similar results?

 

[jordo]

USA outland apps generally only take about that long but of course every app can be unique.

We had everything ready up front including the kids medical because we didn't want to be caught with the medical request but have the child away on summer break.

 

[jordo]

In my own research before looking for an attorney for this, I came across this. If your attorney isn't aware of some of the case law or how to frame the relocation according to what's required by your state, then this might be a good place to begin for your own understanding (and to help your attorney along lol). By the way, we didn't use this law firm. We chose a reputable local attorney in her county in WA.

http://www.international-divorce.com/international_relocation_of_children.htm

 

[jordo]

Thank you so much for your reply!

This was incredibly helpful. I have contacted an attorney so that I can have a consultation to review my states procedures. What were some points you made during your relocation case that you think may have helped it? (Besides the obvious that the move was closer to the original place that where the other parent moved to)

Also, I noticed your wife only took 8 months to receive her visa!! Any tips for similar results?

The reasoning we used besides proximity (which we argued would provide the ex More opportunities during the year to see his child), we presented the case that my wife and I had dated long distance and finally got married in 2014 so we were able to show that our long distance marriage was not just her leaving town with the first guy she met on a whim. We argued that the child's mother (my wife) moving to where her husband (me) was living would benefit the child. (pretty much everything has to be framed that way. How would the child be affected. And we showed that our family finances (and by extension our means to provide for the child) would be worse off if I moved to Washington because I'd have to give up my really good job and benefits in Canada.

If your ex fights the relocation, it may play right into your hands to have the relocation approved by the court AND have the IMM form signed as well lol. Pain in the ass, but we made sure we got everything we wanted in the custody order in writing that we wouldn't need wrangle for later.

Passport and renewals
authorization to travel anytime between Canada and the US
and of course having the IMM form signed.

 

[JLK2621]

Hi

I right now have full legal and residential custody of my daughter. My husband is sponser us but my ex definitely will not sign the IMM 5604. He has once a month short visitation rights. Will immigration accept my court order and not require 5604? We live in America right now and can visit for their visitations.

Hi Jane316, Now i am onthis step. May i know after i submitted court order to RICC How many day that i can get back from them? Kindly advice

 

[JLK2621]

EDITED
You should be fine with a custody order declaring that you have full legal custody of your child. On the checklist, it says to provide an explanation if you cannot get the declaration signed.

Here's our story for those who don't have full legal custody:

In my wife's case, she doesn't have full legal custody (shared), so when her ex refused to sign, we went through the whole Relocation court process. The court treated an international move the same way they would treat an interstate or intrastate move. Part of the wording we got in the court order allowing us to move was for the ex to sign any and all requested documents/forms and renewals thereof (passport/IMM5604) that would otherwise prevent the relocation to Canada from happening. With the court order, we got the form signed and a passport, and clear language in the custody order specifically allowing the move to Canada and free travel anywhere in North America without a travel authorization from the other parent.

Now i am on this step. May i know after i submitted court order to RICC How many day that i can get back from them? Kindly advice

 

[comet]

I have the guardianship certificate that is full legal custody of my child and it doesn't mention any visitation rights. Will I still be needing IMM560R to be signed by my ex?

 

[Married2018]

I have the guardianship certificate that is full legal custody of my child and it doesn't mention any visitation rights. Will I still be needing IMM560R to be signed by my ex?

I am in the same situation. Did you ever find this out?