Need urgent Help - for my Daughter

[Jyoti_S]

If I would start something in India, it would take how many decades I myself dont know. I applied for my kid's new passport in Oct'17 and just after that my husband mentioned that its with him. Passport people said not they wil retrieve the old one and give me. But till now there is no update on this. Now my husband is asking for signing divorce, and he will give passport back.
As he knows that if I would stuck in to these proceedings, i will never get a chance to complete RO (obligations).

Please suggest if its possible to:

• File Divorce in Canada, if we are PR in Canada and native of India.
• File a complain, govt will push him to bring the child in Canada, if we both parents are in Canada.

Regards,

 

[canuck_in_uk]

If I would start something in India, it would take how many decades I myself dont know. I applied for my kid's new passport in Oct'17 and just after that my husband mentioned that its with him. Passport people said not they wil retrieve the old one and give me. But till now there is no update on this. Now my husband is asking for signing divorce, and he will give passport back.
As he knows that if I would stuck in to these proceedings, i will never get a chance to complete RO (obligations).

Please suggest if its possible to:

• File Divorce in Canada, if we are PR in Canada and native of India.
• File a complain, govt will push him to bring the child in Canada, if we both parents are in Canada.

Regards,

Provided your husband has been living in Canada for at least a year, yes, you can come here and file for divorce.

No, the government can't push him to bring the child to Canada. As already stated, you can contact the police to retrieve the child's passport.

 

[Jyoti_S]

https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5627e.pdf

on above link , on POINT 12 of Document Checklist , its clearly mentioned that:
if child is traveling with one of the parent, you must provide proof of custody or other Parent's consent.

In FAQ PRTD - its mentioned that even if non accompanying Parent residing in the country in child is going to travel, Consent Letter is required.

What should be done in this case, even if I get passport by police complain....how can I get my kid to Canada, without his consent letter.

 

[Rob_TO]

https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5627e.pdf

on above link , on POINT 12 of Document Checklist , its clearly mentioned that:
if child is traveling with one of the parent, you must provide proof of custody or other Parent's consent.

In FAQ PRTD - its mentioned that even if non accompanying Parent residing in the country in child is going to travel, Consent Letter is required.

What should be done in this case, even if I get passport by police complain....how can I get my kid to Canada, without his consent letter.

This is a policy that is honestly not really enforced well by the airlines. For example just a few months ago my wife traveled on an international flight alone with our child, and while we had prepared a consent form signed by myself, nobody asked for it even once. Not the airlines, nor any customs agents.

A few of my friends have also traveled with child and no spouse, and again there were no issues. In one case Canada customs asked for a consent letter, but they just explained the situation (spouse was already in Canada) and agent simply accepted it and let them continue.

So even with no consent letter, I would still simply attempt to come. If anyone asks simply tell them you are traveling to spouse already in Canada.

 

[canuck_in_uk]

https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5627e.pdf

on above link , on POINT 12 of Document Checklist , its clearly mentioned that:
if child is traveling with one of the parent, you must provide proof of custody or other Parent's consent.

In FAQ PRTD - its mentioned that even if non accompanying Parent residing in the country in child is going to travel, Consent Letter is required.

What should be done in this case, even if I get passport by police complain....how can I get my kid to Canada, without his consent letter.

You are way ahead of yourself at this point. You will first need to get a PRTD, come to Canada, get the child's passport, sort out the legal situation with your spouse etc.

 

[steaky]

Yes but but might be faster in Canada and she might have better chances in Canada. I have seen other people post that it can take 3 years to get a divorce in India. Both are options. Canada often favours split custody or mothers versus in India where father may get priority.

Also,

If I would start something in India, it would take how many decades I myself dont know. I applied for my kid's new passport in Oct'17 and just after that my husband mentioned that its with him. Passport people said not they wil retrieve the old one and give me. But till now there is no update on this. Now my husband is asking for signing divorce, and he will give passport back.
As he knows that if I would stuck in to these proceedings, i will never get a chance to complete RO (obligations).

Please suggest if its possible to:

• File Divorce in Canada, if we are PR in Canada and native of India.
• File a complain, govt will push him to bring the child in Canada, if we both parents are in Canada.

Regards,

Even if you file divorce in Canada, how do you know your husband and his parents will give you custody of your daughter (which is India)?

Like I said, get a new passport and PRTD to come to Canada for your exam first.

 

[immigrant7]

Hi Jyoti_S,
Be brave and steadfast.
You are well placed in this situation. All you need is some money for one return ticket and a week or two of time away from your kid.
Here's what I think you should be doing.
1. Apply for your PRTD.
2. Contact your husband and tell him you need to get the PR cards and Passport first before you sign anything. And also you need to demand the time and place of meeting.
3. Come to Canada.
4. Meet him and get the PR cards and Passport. (If he has not revealed his address to you, you can very well come here, and contact the Canada Police. And may be also CBSA. He will be in lot of trouble if he is playing with you.)
5. Go back to India and bring your daughter.

The consent letter for minor kids is more required when you take the kid out of canada.

God bless.

 

[steaky]

Hi Jyoti_S,
Be brave and steadfast.
You are well placed in this situation. All you need is some money for one return ticket and a week or two of time away from your kid.
Here's what I think you should be doing.
1. Apply for your PRTD.
2. Contact your husband and tell him you need to get the PR cards and Passport first before you sign anything. And also you need to demand the time and place of meeting.
3. Come to Canada.
4. Meet him and get the PR cards and Passport. (If he has not revealed his address to you, you can very well come here, and contact the Canada Police. And may be also CBSA. He will be in lot of trouble if he is playing with you.)
5. Go back to India and bring your daughter.

The consent letter for minor kids is more required when you take the kid out of canada.

God bless.

You are missing the points below:

1) The daughter is currently in India,
2) Husband's parents are keeping the PR cards & passports of OP and her daughter.
3) She need a apply for a new passport before she fly to Canada for her exam and meeting the husband.
4) Like others had said, the consent letter is not needed.

 

[immigrant7]

oh sorry, my mistake...
Now reading it again... I think OP has a much better position.

(Again caveats galore)... It depends upon the region/area you belong to.
Please file a Police complaint (I dont think, your inlaws/hubby now deserve any sympathy, after what they have done to you)
Also, if OK (as I know it is a sensitive issue for you) and you trust your MLA/MP, approach them as well.
With the new women empowerment steps, I am sure your in-laws wont do anything much on this. Worst they can do it, tell the police, that they have lost the cards and passport. And if you have that, go apply for your kid's new passport...
and also apply for PRTD.

Which state/region are you from, Jyoti_S.