Legal documentation regarding my child who won't be coming with me to Canada

[straightdrive]

Hi everyone,

I am new to this forum and need some advice. I am an Australian citizen and planning to immigrate to Canada. I am separated, and my ex-wife fled the country around 8 months ago with our child (without my consent) to her home country. We have not been in touch since she left the country. Now while filling MyCIC application, I got stuck on 'Family information.' I am sure I fall under 'legally separated' category, and I'll apply for the divorce in another couple of months. So that is not a problem. My issue is while applying for my child's detail under 'dependents'. I have no legal custody paperwork for our son. I am concerned when the immigration department ask me for my son's legal documentation (as he obviously won't accompany me to Canada), I won't have anything to provide to the department. I am sure, if my ex-wife gets to know that I am planning to immigrate to Canada, she would do everything possible to not let me go (for no specific reason. That's her nature...). So I can't ask my ex-wife to provide me the paperwork. Please provide me with some advice, if you are aware of any situation like mine.

Regards,

 

[ssudarjothi]

Hi everyone,

I am new to this forum and need some advice. I am an Australian citizen and planning to immigrate to Canada. I am separated, and my ex-wife fled the country around 8 months ago with our child (without my consent) to her home country. We have not been in touch since she left the country. Now while filling MyCIC application, I got stuck on 'Family information.' I am sure I fall under 'legally separated' category, and I'll apply for the divorce in another couple of months. So that is not a problem. My issue is while applying for my child's detail under 'dependents'. I have no legal custody paperwork for our son. I am concerned when the immigration department ask me for my son's legal documentation (as he obviously won't accompany me to Canada), I won't have anything to provide to the department. I am sure, if my ex-wife gets to know that I am planning to immigrate to Canada, she would do everything possible to not let me go (for no specific reason. That's her nature...). So I can't ask my ex-wife to provide me the paperwork. Please provide me with some advice, if you are aware of any situation like mine.

Regards,

Hey straightdrive, me too in the same boat. V were separated 5 years ago and got divorced. No legal custody and my daughter is with my ex. I dont hav any legal docs. But legal docs and medical are mandatory for child. Dont know wat to do. Did you get any idea abt how to handle this?

 

[straightdrive]

Hi Sudarjothi, no, I have no idea how to handle this. That's why I popped in this query on the forum for anyone with similar experience to reply. I think if you can provide the paperwork that says your ex-wife has 100% custody of the child, then you can get away with medicals, but I am not too sure. In my case, my ex wouldn't provide me any paperwork. Have you tried contacting any agent? They might have a way out...

 

[doobie.doobie]

Hi everyone,

I am new to this forum and need some advice. I am an Australian citizen and planning to immigrate to Canada. I am separated, and my ex-wife fled the country around 8 months ago with our child (without my consent) to her home country. We have not been in touch since she left the country. Now while filling MyCIC application, I got stuck on 'Family information.' I am sure I fall under 'legally separated' category, and I'll apply for the divorce in another couple of months. So that is not a problem. My issue is while applying for my child's detail under 'dependents'. I have no legal custody paperwork for our son. I am concerned when the immigration department ask me for my son's legal documentation (as he obviously won't accompany me to Canada), I won't have anything to provide to the department. I am sure, if my ex-wife gets to know that I am planning to immigrate to Canada, she would do everything possible to not let me go (for no specific reason. That's her nature...). So I can't ask my ex-wife to provide me the paperwork. Please provide me with some advice, if you are aware of any situation like mine.

Regards,

There is a section in the application where you say " people accompanying " you just need to say only yourself and no one. However, CIC does require applicants to put their family information.

 

[Lammawitch]

There is a section in the application where you say " people accompanying " you just need to say only yourself and no one. However, CIC does require applicants to put their family information.

Even non-accompanying dependants are required to get medicals.

To the OPs, try and get the custodial parent's refusal in writing. If you have no contact/don't know how to contact, you should show that you have tried. And lastly, you will probably need to write a notarised letter confirming that you understand that you will never be able to sponsor your child to come to Canada.

 

[canuck_in_uk]

I am separated, and my ex-wife fled the country around 8 months ago with our child (without my consent) to her home country. We have not been in touch since she left the country.

If she fled with the child without your permission and without sole custody, that is parental kidnapping. Have you reprted this to the police? Have you retained a lawyer in your country to see what you can do to get the child back? Have you retained a lawyer in her country to see if you can obtain some form of custody through their courts? Have you actually attempted to make contact with your ex or any of her family members? Basically, what have to done to get your child back?

Understand that CIC is EXTREMELY wary about excluding dependent children. They will expect you to provide solid evidence as to why the child is not being included. You can expect your app to be delayed, possibly significantly, while CIC pushes you to include the child or produce such proof.

 

[dobes]

Hi everyone,

I am new to this forum and need some advice. I am an Australian citizen and planning to immigrate to Canada. I am separated, and my ex-wife fled the country around 8 months ago with our child (without my consent) to her home country. We have not been in touch since she left the country. Now while filling MyCIC application, I got stuck on 'Family information.' I am sure I fall under 'legally separated' category, and I'll apply for the divorce in another couple of months. So that is not a problem. My issue is while applying for my child's detail under 'dependents'. I have no legal custody paperwork for our son. I am concerned when the immigration department ask me for my son's legal documentation (as he obviously won't accompany me to Canada), I won't have anything to provide to the department. I am sure, if my ex-wife gets to know that I am planning to immigrate to Canada, she would do everything possible to not let me go (for no specific reason. That's her nature...). So I can't ask my ex-wife to provide me the paperwork. Please provide me with some advice, if you are aware of any situation like mine.

Regards,

This is one of the rare situations when I might consult a lawyer. I'd want to know things like - did your wife violate any court orders when she took the child back to her country? Did you file any complaints with the police? Have you paid all court-ordered child support? I think this could be a situation a lawyer could help you with. Good luck!