Migrating with my Child from first marriage - Seeking advice

[np463]

Hello Everyone,
This is my first time here asking for advice so im hoping this is the right Forum. Apologies if its not, please guide me to the right place.

BACKGROUND:
I am from India and I am in the process of migrating to Canada under the Express Entry program . I am a divorcee, now remarried for last 3 years. I have a 11 year old son from my first marriage and my son is keen to study abroad hence a major influence in this decision to migrate. We are a family of 3 with my husband and are working towards migrating to Canada.

REGARDING MY SON:
Per my divorce decree from honourable court, its clearly stated that I always had and will always have the permanent custody of my minor son. The lawyers added a clause - it says that I agree to give access of my minor son to the ex without affecting him and his education and by mutual convenience only'. Just adding that this has never been exercised.

ADVICE I SEEK:
1. Is there anything that I need to do to ensure that I vave all the right paperwork for his migration alongwith me and my husband?
2. Is there a specific requirement that I need to be aware of and work towards?
3. Any other advice you can give me so that its much convenient process and fast for me to move to Canada
4. Is there anyone who can help me with the whole process

I am thanking you in advance for your guidance and interest to help me

Thanks

 

[Bryanna]

REGARDING MY SON:
Per my divorce decree from honourable court, its clearly stated that I always had and will always have the permanent custody of my minor son. The lawyers added a clause - it says that I agree to give access of my minor son to the ex without affecting him and his education and by mutual convenience only'. Just adding that this has never been exercised.

This custody agreement is contradictory in itself. One the one hand you have been granted permanent (and sole?) custody of your son, whereas on the other hand, the clause makes it seem like you have shared custody with your ex-husband. Anyway

You would need an affidavit from your ex-husband that states he has no issues in your son immigrating with you

 

[np463]

Hi Bryanna,

Thank you for your prompt response.

The clause states that my son will be in 'continuous and permanent custody' with me and the father will have 'access (not custody) of minor son by mutual convenience'. Which I got interpreted from some legal folks here in India that it means he can meet my son if its convenient for my son and me and him - more of visiting rights.

Let me also add that in the last 5 odd years since separation this right has never been exercised.

Thanks