Indian mother Canadian father

[Divine421]

Hi, I m Indian and my husband is Canadian. There is some marital dispute and he is getting Canadian citizenship for our newborn daughter. I m afraid if he travels to Canada/ other parts of world taking my daughter away. Can someone please tell if he will require mother's consent for getting citizenship and passport. What could be the implications of her Canadian citizenship. Should I insist on Indian citizenship for her to be safe?

 

[citizenshipapplicant]

Hi, I m Indian and my husband is Canadian. There is some marital dispute and he is getting Canadian citizenship for our newborn daughter. I m afraid if he travels to Canada/ other parts of world taking my daughter away. Can someone please tell if he will require mother's consent for getting citizenship and passport. What could be the implications of her Canadian citizenship. Should I insist on Indian citizenship for her to be safe?

Passport Canada will ask him to provide consent letter. I live in Canada. When I went to apply for passport for my new born, Passport Canada ask me show consent letter and even they called my wife. My advise is if you really don't trust your partner, inform Passport Canada before hand. Your husband's name, your name and child's name and everything. This is very sensitive issue. They will not proceed application without your consent. However, do inform them if you have reservations.

 

[Divine421]

Thanks so much. How to inform them? Also, do they ask me before giving citizenship too? Anything I need to do to apply for Indian citizenship? She is born in India to Indian mother. Does it make her Indian by default unless applied for Canadian citizenship? Sincere thanks.

 

[screech339]

Thanks so much. How to inform them? Also, do they ask me before giving citizenship too? Anything I need to do to apply for Indian citizenship? She is born in India to Indian mother. Does it make her Indian by default unless applied for Canadian citizenship? Sincere thanks.

Unfortunately, the father does not need your consent to apply for the newborn for Canadian citizenship certificate. The newborn daughter is Canadian by Descent and thus doesn't need anyone's consent to get citizenship. However the father will need your signature on the application for the child's Canadian Passport. So without your signature, the child will not be able to acquire Canadian Passport at least until the child has become an adult. The father could apply for Canadian Passport if he has full legal custody of the child.

However since the child will automatically loses Indian citizenship once the child gets Canadian citizenship certificate, how can the child travel outside India without a Canadian Passport. I think in special circumstances like this, the child may be able to get Canadian Passport without your signature.

One of the reasons, both parents must sign the child passport application is to control/prevent child kidnapping/abduction. United States does not allow any child to be issued passports unless both parents sign the application in person in front of agent. This is again to prevent one parent getting a child passport without the other parent's knowledge and leave the country with the child. So the American child is "stuck" in US without a passport until child turns 18.

 

[Msafiri]

Thanks so much. How to inform them? Also, do they ask me before giving citizenship too? Anything I need to do to apply for Indian citizenship? She is born in India to Indian mother. Does it make her Indian by default unless applied for Canadian citizenship? Sincere thanks.

Child is an Indian Citizen but screech339 raises the issue of dual nationality (Canada allows it, India doesn't). Passport Canada wants to see your signature on the passport application form. Just because this signature is required doesn't mean you can control the child's travel once they leave India. For example if they leave India and travel to US then there is nothing to stop them travelling to France. You need to get some direction/ legal order from the family courts in India pertaining to child custody and/or consenting to removal of your daughter from India say for holidays etc. This will actually state what restrictions there are for the child's removal from India and as such any travel be it to one or multiple countries will by default be subject to the custody/ travel orders issued by the Indian courts. You could approach the Canadian courts too with the same issue so a similar custody/travel order can be made and notified to Passport Canada/CBSA but since none of you live in Canada this appears to be a non starter at this time.

 

[cprak0]

A child cannot be accompanied by just Dad/ Mom without a notarized affidavit from the non traveling
parent authorizing such a travel into or out of Canada.

We had to do it since I was traveling with our daughter into Canada while mom was already in
Canada, the Immigration Officer looked (rather stared at) the document alone for quite sometime
and even forgot to stamp my passport, didn't ask for anything else, we had the PR cards.
so there appears to be an effort to prevent child abduction for sure...

 

[screech339]

A child cannot be accompanied by just Dad/ Mom without a notarized affidavit from the non traveling
parent authorizing such a travel into or out of Canada.

We had to do it since I was traveling with our daughter into Canada while mom was already in
Canada, the Immigration Officer looked (rather stared at) the document alone for quite sometime
and even forgot to stamp my passport, didn't ask for anything else, we had the PR cards.
so there appears to be an effort to prevent child abduction for sure...

While Canada does its job in managing child abduction issues, it doesn't prevent the child holding a Canadian passport from entering other countries besides Canada.

When I was living in US, despite my wife having travel consent papers, (I stayed behind), there was no efforts on any of the authorities' part at the airport (from picking up tickets to boarding the plane) at any point, to be concerned about a foreign national taking 2 American children out of US, by herself. No one at the airport even bothered to look at the travel permission for the kids. US does a very poor job in doing their due diligent in preventing international child abductions. I gotta say that I am rather very disappointed with US on their poor handling in preventing child abductions.

 

[Smile_Canada]

A child cannot be accompanied by just Dad/ Mom without a notarized affidavit from the non traveling
parent authorizing such a travel into or out of Canada.

We had to do it since I was traveling with our daughter into Canada while mom was already in
Canada, the Immigration Officer looked (rather stared at) the document alone for quite sometime
and even forgot to stamp my passport, didn't ask for anything else, we had the PR cards.
so there appears to be an effort to prevent child abduction for sure...

I doubt about that. I have traveled to India with my kids twice without my spouse accompanying. I was never asked anything about my Spouse neither at Canada or India. Me and my spouse both are PR's.

I too travel frequently to US with my kids without my spouse, noone ever questioned anything. And my spouse too have traveled with kids to US alone , no questions asked.

 

[cprak0]

I remember having read back then that it could be a potential issue when we traveled.
That the child being quizzed in the absence of the parent without the consent letter

http://travel.gc.ca/travelling/children/consent-letter

Looks like it's not a legal requirement but questions could be asked...

 

[screech339]

I remember having read back then that it could be a potential issue when we traveled.
That the child being quizzed in the absence of the parent without the consent letter

http://travel.gc.ca/travelling/children/consent-letter

Looks like it's not a legal requirement but questions could be asked...

While it is not a legal requirement, there have been cases of lone parents with children being prevented from boarding unless the consent letter has been shown. This has happened to a friend of mine. She wasn't allowed to get pass security until the consent letter was given. She has to get the father to send her a fax at the airport to be able to board.