My son is carrying my last BF's surname, can I take my son without his father's

[sweetlavander01]

Hello to everyone,

I would like to ask for your advise on how can I take my son to Canada

I have 4yrs old son and he is using my last BF's surname which he was also acknowledged on Birth Cert
It's been 3yrs that I never know where that guy is

Now I got married and my Husband is in Canada right now, he wanted to follow him together with my son
can I take my son without his father's consent? what are the documens I need to submit/show to the immigration?

Does my husband need to adopt my son first?

Please guide me, my son is so young and I cannot leave him

Thank you all!
sweetlavander01@yahoo.com

 

[morepower]

Do you have any documents showing that you have full custody for your son?
If yes you will need that to enter Canada. If it is in a foreign language you will have to take it with a certified translation in english or french.
If you know where to find your ex-BF you may get him to sign a statment at the next notary, allowing u to take your son to Canada permanently. But for application for PR you probably will have to show proof of custody from some official office.
I don't know, but in my country it's not that easy to adopt a child. It's depending on the lenght of relationship and most of the time the father has to agree if there is one.
Please correct me if i am wrong..

 

[PMM]

Hi

Do you have any documents showing that you have full custody for your son?
If yes you will need that to enter Canada. If it is in a foreign language you will have to take it with a certified translation in english or french.
If you know where to find your ex-BF you may get him to sign a statment at the next notary, allowing u to take your son to Canada permanently. But for application for PR you probably will have to show proof of custody from some official office.
I don't know, but in my country it's not that easy to adopt a child. It's depending on the lenght of relationship and most of the time the father has to agree if there is one.
Please correct me if i am wrong..

No need to adopt the child to include him in your application, as long as you can prove custody.

PMM

 

[morepower]

PMM: I agree!
Just wanted to give an idea that it is not that easy just to adopt a chld. First I would try the other way- getting an official custody document...

 

[lisa_joanne_uk]

I'd never even considered this... My 2 children are coming with me but i haven't seen their father in over 4 years and i have no idea where he is, i have no proof of custody as i have never needed it... Will this be a problem?
Lisa

 

[Leon]

It might be. You might have to get official full custody before proceding which probably will not be a big deal if the father isn't around to protest it. Ask the embassy what they'd accept.

 

[sweetlavander01]

Re: My son is carrying my last BF's surname, can I take my son without his fathe

Wow, thank you all for this quick response. I will probably go to DSWD here to ask for the full Custody
GOD Bless!

 

[morepower]

Yes, do that! Good luck!
I can only say that WE had to proove custody. Even having a notarized statment from my ex-husband wasn't good enough! They persisted to get a custody, approved by court. Fist I couldn't understand, but then...
You have to think, that Canada doesn't want to have problems later, due to child abduction. So if you just proove custody by handing over a letter from the chlds father you could have forced him somehow to sign it. The officers know that...
If you show custody by a court order they can be sure that the information was right at least right at that time- and not temporary forced.
Lets say your last BF disagrees later, persisting that he's got the custody, he will have to show proove for his claim.
That would just be possible if he would show it by, again, court order with an more current date.

It's that easy- makes the kids live more safe- and, meanwhile, I totally agree! We cannot just think of our problems, that we wouldn't lie or do something wrong... Many ppl wouldn't even think that far, just do take the kids and leave the homecountry because they think it's their right, their child! And that's not true, because basicly it's the childs right to have both- mother and father.

 

[lisa_joanne_uk]

In the guidelines they state:
If you are divorced or separated, you must include proof that you have custody of the
children, that you have fulfilled all obligations in custody agreements, and that the children are free
to move to Canada.
http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf

I'm not divorced or seperated and have no custody agreements in place as i haven't seen him in around 4 years and my daughter is now only 5, do i still need to claim full custody? If anyone has any ideas please let me know

 

[Leon]

Can you prove you haven't seen him in 4 years? Immigration can't know that. For all they know, he could be seeing his kid every week. That's why I think you need to go for full custody. If he's not around to protest it, it should be easy, right?

 

[lisa_joanne_uk]

I guess without getting testimonials from everyone i know to say no one's seen him i can't prove anything. I've been in contact with my solicitor and it seems straight forward enough it's just i'll have to hang around a bit longer than expected but better safe than sorry i guess Thanks Leon

 

[Suin]

I have an official letter of the court final decision on deprivation of parental rights of my ex-husband that states that I am the only parent who has all the legal rights on the kids. They have his family name & in their birth certificates he is written as their father. Could you please advise me whether it is enough as a proof for that I have a full custody?
thank you

 

[Nike1702]

I have an official letter of the court final decision on deprivation of parental rights of my ex-husband that states that I am the only parent who has all the legal rights on the kids. They have his family name & in their birth certificates he is written as their father. Could you please advise me whether it is enough as a proof for that I have a full custody?
thank you

The letter you have stating you have full custody should be fine and shouldn't have any problems.

 

[sweetlavander01]

Re: My son is carrying my last BF's surname, can I take my son without his fathe

Dear friends,
My husband will sponsor me going to Canada, and I am thinking of taking my son already but he is using my lasf BF's surname, can my Husband also sponsor my 4yrs old son even if he is not using my husband's surname?
Thank you again

 

[Leon]

Yes, your husband can sponsor your son but in order to take your son with you, you need to have full custody of him.