IMM5604 -my ex is not ready to sign

[Amit78070]

Hi, Need your urgent help. We are currently in canada and have applied for PR. Yesterday received a letter from CIC that they need me to supply IMM5604 with in 7 days. It is been more than 10 years of divorce so I don't thinK I can locate my ex in India. Even I find him he won't give declaration. As per court order I have full custody of my child. I would like to know what other document I can provide CIC. I am defiantly going to share the full court order with CIC. CIC is asking declaration and court order. Also as per court order , he has visiting right and I don't take any maintenance fees from him for my child. Court order clearly say that I am authorize to take the child overseas as per my wish.
Kindly advise if there are any work around for this.

 

[RamyaCanada]

Hi do you have any update? Please share.

 

[21Goose]

Hi do you have any update? Please share.

That post is more than 3 years old. In general, however, if you have a court order granting full custody as well as the right to take your child abroad - IRCC should accept it.

 

[RamyaCanada]

@21Goose Thanks for the details .can you confirm full custody means without visitation rights for the other parent?

Your help is appreciated.

 

[21Goose]

@21Goose Thanks for the details .can you confirm full custody means without visitation rights for the other parent?

Your help is appreciated.

No, that's not what full custody means. Full custody, or sole custody, typically means that only one parent has the full right to make any decisions pertaining to the child without having to ask the other parent for permission. You are the only decision maker. Immigration is an example of a decision you can make without consulting the other parent.

Visitation rights are not related to custody - you can have full custody and the other parent will usually have visitation rights - and there are many permutations and combinations of this.

Visitation rights are usually only denied if the court feels that the child is better off not ever seeing the other parent. This is not standard practice.

The details matter and all this is very dependent on the laws of your country. You should consult with a family lawyer in your country to understand the specifics of your case.