IMM 5604 question

[twistedalpha]

The IMM 5604 or DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN FOR MINORS IMMIGRATING TO CANADA
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So I'm sponsoring my wife (married her April 2016) and her child to Canada but that child is NOT my child.
My questions are, do the father of my wife's child fill-out the IMM-5604 form? He left the child to the care of my wife since birth and no contact from him ever since.
What do we do from here? Do we need to hire a lawyer or like my dad suggested that my wife need to go to a public attorney's office?
Is there anything we miss to get my wife and her child to get to Canada?

Thank you in advance.

 

[canadianwoman]

What country are the mother and child from?

If she cannot get the father to sign the papers, then she needs to have full custody of the child, awarded by a court. Yes, I think she should consult a lawyer.

 

[canuck_in_uk]

So I'm sponsoring my wife (married her April 2016) and her child to Canada but that child is NOT my child.
My questions are, do the father of my wife's child fill-out the IMM-5604 form? He left the child to the care of my wife since birth and no contact from him ever since.
What do we do from here? Do we need to hire a lawyer or like my dad suggested that my wife need to go to a public attorney's office?
Is there anything we miss to get my wife and her child to get to Canada?

From your previous post, I believe your spouse is from the Philippines. As per the law, full legal custody of illegitimate children is automatically granted to the mother. If I recall, others have been able to successfully use this law instead of having the father's permission or court papers.

Edit: Have a look at this thread http://www.canadavisa.com/canada-immigration-discussion-board/child-custody-philippines-t183010.15.html.

 

[twistedalpha]

Okay so my understanding is that 5604 means whoever the biological parents that wont accompany the child to go to Canada should sign the paper.

And yes both mother and child are from the Philippines.

 

[canadianwoman]

It would be easier if the biological father would sign the papers, but if the mother cannot find him, or he refuses, then go with the fact that the mother has full legal custody.

 

[Praveen Varma]

Hello everyone,

I am Nov 2015 applicant applied for spousal visa to my wife and kid. Its second marriage for my wife and first for me. She has a daughter from her first marriage. Issue is during her divorce the child custody was not mentioned. She had an interview at Delhi in Nov. The officer was satisfied with our relation and the only obligation was the officer asked for child custody document. The ex is not available for sign the document and we have a time limit of 30 days.

Can someone please help. This is very important for me, any kind of suggestions is helpful.

PV

 

[canuck_in_uk]

I am Nov 2015 applicant applied for spousal visa to my wife and kid. Its second marriage for my wife and first for me. She has a daughter from her first marriage. Issue is during her divorce the child custody was not mentioned. She had an interview at Delhi in Nov. The officer was satisfied with our relation and the only obligation was the officer asked for child custody document. The ex is not available for sign the document and we have a time limit of 30 days.

This is something you really should have sorted out before applying. IRCC is very clear about the requirements for such a situation. If the biological father won't give permission, she will need to go to court to obtain full custody. I imagine that will take longer than 30 days.

 

[Anna Reyes]

Hello everyone I need an advise
I am not married to my kids dad
How can I make him sign the form 5604
All I know is that he is living outside the Philippines and don’t know where to find him he abandoned his kids 7 years now

 

[manish85]

Hello everyone,

I am Nov 2015 applicant applied for spousal visa to my wife and kid. Its second marriage for my wife and first for me. She has a daughter from her first marriage. Issue is during her divorce the child custody was not mentioned. She had an interview at Delhi in Nov. The officer was satisfied with our relation and the only obligation was the officer asked for child custody document. The ex is not available for sign the document and we have a time limit of 30 days.

Can someone please help. This is very important for me, any kind of suggestions is helpful.

PV

Hi Praveen,

What happened in your case? I am stuck at the same point. In my wife's divorce decree nothing is mentioned about the custody of the child and the ex is not available for signing the declaration form. What did you do to get past through the situation.

Kindly advise.

Warmly,

Manish

 

[longclawatwinterfell]

Hi Praveen,

What happened in your case? I am stuck at the same point. In my wife's divorce decree nothing is mentioned about the custody of the child and the ex is not available for signing the declaration form. What did you do to get past through the situation.

Kindly advise.

Warmly,

Manish

Hi Manish,
I'm in a similar situation as your. Did you manage any work around? CIC has given us 7 days to share IMM 5604. What did you do in your case and did it help?

 

[rvche]

i have a different question about imm5604 form, my wife is a canadian pr and will be travelling back when my child gets pr but she is not a co-signer for child sponsorship sould we still submit this form

 

[Singh2016]

Hi All I have a question on IMM5604. We are sponsor our dependent child and we all are in Canada. Both parents are PR and child is on visitor visa. One parent is sponsor and other is Co-signer. Do I still need to fill IMM5604?