Immigration of my kids after divorce

[sohaa]

Hello everyone,

I am a silent reader of this forum and really like the work of forum members for helping people.

I want to apply for immigration of canada.I have two kids aged 13 and 10 from previous marriage. I got divorced and remarried.Can anyone tell me what documents do I need to have from my Ex husband in order to include my kids in my application.Can I apply without his permission because I dont want to involve him.Can my current husband be a guardian of my kids and we can apply as a family.

Please help me by giving detailed answers by senior members.

 

[zardoz]

The application package gives details of the required documents. However, unless you were granted sole legal custody by the divorce court, you have no choice not to involve your ex as he will still have legal parental rights. One of those rights is to refuse to allow you to remove the children. Normally a step parent will have no rights to the children unless they legally adopt them.

 

[PINKORIA]

You should have legal & custodial rights of those kids that you are the primary caregiver of them. a legal Documentation is must.

 

[Leon]

You either need permission of the father to take the children to Canada or court papers showing that you have full custody and are allowed to move with the children. Without either one, you can not get PR for the children. As others have said, your current husband has no legal rights to the children unless he adopts them.

If you want to apply now before you have this sorted out, you would still have to list the children in your application but list them as non-accompanying. They would have to get their medicals done and if, during the processing time of your application, you get the paperwork sorted to bring them with you, it would be easy to change their status to accompanying. Otherwise, you would get your PR without the children and would have to sponsor them later, once you get it sorted.

 

[sohaa]

thank you so much every one for prompt reply.Actually court has given me custody of my children as my previous husband got married during our divorce case and never tried to support our children.I was the one taking care of my kids during our seperation period of 10 years.Does that permission order is enough for immigration purpose or I have to get some other.

 

[zardoz]

thank you so much every one for prompt reply.Actually court has given me custody of my children as my previous husband got married during our divorce case and never tried to support our children.I was the one taking care of my kids during our seperation period of 10 years.Does that permission order is enough for immigration purpose or I have to get some other.

No, it has to be SOLE custody... This effectively removes his parental rights and allows you to make unilateral decisions on the children's future. If he has any sort of visiting rights, even if he doesn't use them, then you probably don't have sole custody. You need to be talking to a family lawyer to find out the exact status here. We cannot really help you until you are absolutely sure where you stand. By default, CIC will assume that you have some form of non-exclusive custody and insist upon the required documents granting you permission to remove the children from their current country of residence.

 

[Leon]

You need full custody and a letter from a court stating that you are free and clear to move with your children to another country. You should talk to a lawyer about how you would get such a court decision.

 

[VijiGanesan]

I hope someone here can help me out on this.

I am from India divorced and with a 7 year old son. My son was 5 months when i got the divorce so according to the indian law for a child below 5 years the custody should be with the mother. He is 7 years now and his father passed away 3 years ago i.e when my son was 4 years. I don't have a specific custody document. What documents should i carry in this case. Should i have the copy of his father's death certificate.

 

[canuck_in_uk]

I hope someone here can help me out on this.

I am from India divorced and with a 7 year old son. My son was 5 months when i got the divorce so according to the indian law for a child below 5 years the custody should be with the mother. He is 7 years now and his father passed away 3 years ago i.e when my son was 4 years. I don't have a specific custody document. What documents should i carry in this case. Should i have the copy of his father's death certificate.

You don't need custody papers when the other parent isn't alive. Provide the death certificate.