Mom with child sole custody and authority but dad refused to sign consent

[Sagittarius]

Dear All,
Currently, I am preparing all the required documents needed in my application for PR in Canada. I am excluding my ex-husband in the application due to the fact that I have a protection order given by the court of law from my country. In that protection order, it stated that I have the sole custody and authority of my daughter. She's 15yo last September 2015. I sent him an email asking of his support to sign the consent for the better future of our only child. He rejected it as said by my daughter. So I tried again this time it was my daughter directly communicating with her dad. Still he refused with a lot of conditions. My daughter is under the care of my parents since I worked here in Canada sa TFW.
Question #1- What will I do since the other parent refused to sign the consent IMM 5604? Is it okey to submit my application without it since first I have the full custody and authority over our child and secondly I and my daughter have tried our best yet to no avail.
Question #2- If and when the CIC will really demand for that form to be signed and we can't really ask the other parent to sign, can I exclude my daughter from my application? This is the most hurting part. My daughter really missed me and she wanted to be with me. And I missed her a lot, too.
Please I need your kind advice. Thank you.

 

[zardoz]

Dear All,
Currently, I am preparing all the required documents needed in my application for PR in Canada. I am excluding my ex-husband in the application due to the fact that I have a protection order given by the court of law from my country. In that protection order, it stated that I have the sole custody and authority of my daughter. She's 15yo last September 2015. I sent him an email asking of his support to sign the consent for the better future of our only child. He rejected it as said by my daughter. So I tried again this time it was my daughter directly communicating with her dad. Still he refused with a lot of conditions. My daughter is under the care of my parents since I worked here in Canada sa TFW.
Question #1- What will I do since the other parent refused to sign the consent IMM 5604? Is it okey to submit my application without it since first I have the full custody and authority over our child and secondly I and my daughter have tried our best yet to no avail.
Question #2- If and when the CIC will really demand for that form to be signed and we can't really ask the other parent to sign, can I exclude my daughter from my application? This is the most hurting part. My daughter really missed me and she wanted to be with me. And I missed her a lot, too.
Please I need your kind advice. Thank you.

If you have sole custody and your ex-husband has had parental control revoked by the courts, you should be able to submit your application with that legal proof. You may be given a hard time by CIC but you should prevail. Perhaps enlist the help of a lawyer who can represent you properly in this specific area to CIC by writing a covering letter?

 

[Sagittarius]

If you have sole custody and your ex-husband has had parental control revoked by the courts, you should be able to submit your application with that legal proof. You may be given a hard time by CIC but you should prevail. Perhaps enlist the help of a lawyer who can represent you properly in this specific area to CIC by writing a covering letter?

Thanks a lot sir for sharing your thoughts on this!
You are right I should prevail no matter what the obstacles might be. If I am right, the covering letter you are trying to say here is an affidavit of spousal exclusion from application for immigration? And attached to this affidavit are the court documents that form as an integral part?

 

[Sagittarius]

I am excluding my ex-husband in my application, do I have to fill up the following forms for him and have him sign as it is boldly stated in the Documents Checklist that it is to be completed, dated and signed by everyone ...
Schedule A: Background/Declaration IMM 5669
Additional Family Information IMM 5406

Your guidance please. Million thanks.

 

[zardoz]

I am excluding my ex-husband in my application, do I have to fill up the following forms for him and have him sign as it is boldly stated in the Documents Checklist that it is to be completed, dated and signed by everyone ...
Schedule A: Background/Declaration IMM 5669
Additional Family Information IMM 5406

Your guidance please. Million thanks.

If you are divorced, there is nothing for him to sign. He is no longer a "family member" for immigration purposes.

 

[Sagittarius]

If you are divorced, there is nothing for him to sign. He is no longer a "family member" for immigration purposes.

Thank you Sir. We are not yet divorced or annulled in my country. Court hearing is still ongoing to nullify our marriage. We are separated by court because I and my daughter have permanent protection order (victims of domestic violence). Pending in court are both the criminal case (domestic violence) and civil case (nullity of marriage).

 

[stelimeli]

Dear my case was the same. Just translate the court decision and apply! If you want to get in touch with me just send me PM.

 

[Rheza]

Dear my case was the same. Just translate the court decision and apply! If you want to get in touch with me just send me PM.

Hi, Can we chat?

 

[Krysse]

Facing the same here except that my ex was abusive. There is no way he will sign it and I've tried texting and calling him but he won't respond. I do have sole legal and physical custody of our daughter and he is only allowed 4, 2hr supervised visits a year. He is also allowed to come here but refuses to......I sent the custody paperwork but they are requesting the 5604 again..... has anyone been able to send in a letter explaining they have custody and showing that the court documents allow the child to move?

 

[canuck78]

Facing the same here except that my ex was abusive. There is no way he will sign it and I've tried texting and calling him but he won't respond. I do have sole legal and physical custody of our daughter and he is only allowed 4, 2hr supervised visits a year. He is also allowed to come here but refuses to......I sent the custody paperwork but they are requesting the 5604 again..... has anyone been able to send in a letter explaining they have custody and showing that the court documents allow the child to move?

He still has visitation so that is your big issue. In your custody agreement does it say that you are allowed to move out of the country with your child without his permission?

 

[Krysse]

It specifically states we are allowed to move to lyndhurst, Canada and if my address changes I am to notify the courts.

 

[canuck78]

It specifically states we are allowed to move to lyndhurst, Canada and if my address changes I am to notify the courts.

Would make sure you include your custody agreement in your application.

 

[Krysse]

Would make sure you include your custody agreement in your application.

I already did that, plus a letter from the MPs office stating that having my ex sign this would not be possible due to a history of domestic abuse....

 

[Krysse]

This time im sending in a letter detailing the history of him making false police calls, name calling, and physically hitting me... along with copies of the police reports.

 

[canuck78]

This time im sending in a letter detailing the history of him making false police calls, name calling, and physically hitting me... along with copies of the police reports.

That isn’t what matters. It is the fact that he still has visitation.