2 kids born in Canada (currently 11 and 9 years old), mother is terminally ill has PR. Dad has no papers yet living in Canada. Dad has been appointed as guardian when mother passes (which is an unfortunate reality in a few days/weeks). What considerations can be done so that kids stay in Canada? Does the government considering the kids ages keep the kids or send back with Dad? Our main worry is that the girls will not receive same rights and benefits back in the Philippines compared to staying in Canada. How fast is H&C applications for PR turnaround to make it feasible to keep girls here?
Minor Children are Canadian citizens but Dad has no PR/legal status.
- Thread starter acmp731
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Dad should apply for PR under H&C as soon as possible. Average processing times for H&C applications is around 2 years which is why he should apply asap (if he hasn't already).
The kids are entitled to stay in Canada since they are Canadian. It's the father's status that is the issue and which needs to be solved for.
He hasn't applied yet. Also, because of his non-status here, is he legally able to be the executor of the mom's will and granted access to any remaining assets? Also, if he choose to take the kids with him out of the country and not pursue PR, can the government step in to refuse?
He should speak with a will & estate lawyer regarding the executor and assets question.
Once the mother is deceased, then he can take the kids with him outside of Canada. He will want to have a copy of the death certificate to make sure there are no questions around custody. If he wants to take the kids outside of Canada while the mother is still alive, he will need her written consent.
Once the mother is deceased he is the parent and can take the children out of Canada and can determine what he thinks is best for the family. Of course if he has been determined to be an unfit parent that is a different story
Once the children are older they can decide where they want to live. It sounds like you are likely related to their mother and I am sorry for your loss in advance. You may not want them to leave Canada but need to respect what the children’s father thinks is best for them and their family unit in general. Would suggest that being supportive whatever the decision is probably best for the children’s well-being. Although they may initially miss Canada a change in atmosphere may not be a bad option for the children. What is best for the father to provide the best life for his children also must be a factor. If he has family in the Philippines that may be a better way for him to help raise his children. I realize that if the children leave that would seem be a much bigger loss for you but I assume this situation is not easy for anyone and there are likely no clear answers as to what will be best for the family longterm. Any solution has there pros and cons. Creating a divide between their father and their mother’s family can only lead to more turmoil for the children during an extremely tough time.
