needed lawyer urgently

[Lotus2015]

What country are you in if don't mind my asking?

Egypt

 

[Lotus2015]

What country are you in if don't mind my asking?

Egypt

 

[rhcohen2014]

as i said he did not use this right since our separation in 2009 because he doesn't care he just want to humiliate me. I have police records that he assaulted me and i have court order that shows i got the divorce because i was beaten and assaulted by him. what should I do?

as everyone has said, you need to contact a lawyer in your home country to settle this issue. i suspect you either need to get the court to change his visitation rights so that he has none or you need an attorney's help to get his permission for you to take your child out of the country permanently. an attorney in canada is not going to be able to help you. cic expects you to deal with this FIRST, then provide the proof it's done so that they can issue the visa for your child with no concerns.

 

[Lotus2015]

as everyone has said, you need to contact a lawyer in your home country to settle this issue. i suspect you either need to get the court to change his visitation rights so that he has none or you need an attorney's help to get his permission for you to take your child out of the country permanently. an attorney in canada is not going to be able to help you. cic expects you to deal with this FIRST, then provide the proof it's done so that they can issue the visa for your child with no concerns.

Do you mean that i will never be able to get my son with me to canada?

 

[rhcohen2014]

Do you mean that i will never be able to get my son with me to canada?

i didn't say that. what i said is you need to retain a lawyer in your HOME country to help with the issue.

 

[bigredmoose]

You need to get an Egyptian court to give you the right to leave the country with the child. A Canadian lawyer will not be able to help with this.

 

[Lotus2015]

You need to get an Egyptian court to give you the right to leave the country with the child. A Canadian lawyer will not be able to help with this.

thank you but i just need a good lawyer to ask him if CIC can consider my file under H&C to bypass this situation

 

[DanSlh]

thank you but i just need a good lawyer to ask him if CIC can consider my file under H&C to bypass this situation

The laws are different from country to country. Even if you ask this to a Canadian lawyer he can't say anyhow for sure.
Cic is very sensitive with child abduction's cases.
Think how cic does: solve your problems first than you talk to me.

 

[Lotus2015]

The laws are different from country to country. Even if you ask this to a Canadian lawyer he can't say anyhow for sure.
Cic is very sensitive with child abduction's cases.
Think how cic does: solve your problems first than you talk to me.

how can you say abduction and I am his mother with sole legal custody and his father has never asked to see his son since 2009 (our separation) he turn his back to me and my son and get married to another one

 

[scylla]

how can you say abduction and I am his mother with sole legal custody and his father has never asked to see his son since 2009 (our separation) he turn his back to me and my son and get married to another one

You are misunderstanding what everyone is saying. We are not saying that you are trying to abduct your child.

What we are saying is that CIC is legally bound to follow the Hague Convention of International Child Abductions which sets out international laws about what approvals / documents must be in place before a child can be moved from one country to another. If CIC is requesting more information, this is because you have not provided the right documentation or enough documentation to satisfy the Hague Convention. An H&C application cannot fix this.

Again, you need to engaged a lawyer in Egypt to help you get the paperwork you need to meet the requirements to remove your child from the country.

 

[rugrat907]

You are getting really good advice from people here, and it sounds like you got it from Dan - a Canadian lawyer won't be able to help you get in under H&C - you need to work with a lawyer in Egypt to change whatever visitation rights your former husband has. Whether he has ever seen your son or not doesn't make a difference because it sounds like he still has a legal right to do so; and as you said he is holding you up purely out of spite. A lawyer located in Egypt is the only one that can argue your case in an Egyptian court and get those visitation rights changed.

If any lawyer in Canada says they can help, then they are just seeing a way to take your money and your situation will just get delayed even more than it already has.

 

[saria1]

Have you considered having your new spouse adopt your child? It sounds like that may be the easier option, then trying to fight an ex who wants nothing to do with their child.

 

[bigredmoose]

how can you say abduction and I am his mother with sole legal custody and his father has never asked to see his son since 2009 (our separation) he turn his back to me and my son and get married to another one

You need to understand that the CIC will not care one tiny bit about this. The only thing they will consider when it comes to bringing your child with you is that you have either:
-The father's consent
-A valid court order from your home country allowing you to leave with the child

No Canadian lawyer can help you with this.

And unfortunately, if the father is determined to be difficult he could very well prevent his son from immigrating. Horribly unfair and unjust as it is.

 

[bigredmoose]

Have you considered having your new spouse adopt your child? It sounds like that may be the easier option, then trying to fight an ex who wants nothing to do with their child.

That will be just as difficult, the child is not going to be adoptable without the father's consent.

 

[saria1]

That will be just as difficult, the child is not going to be adoptable without the father's consent.

You never know. Some ex's hold the child as a weapon. If she has child support coming from him, then he may be bitter about it. But if she presents him with no longer being financially responsible for the child, he might be willing to sign the child over to someone else to take on the father roll. It's worth a shot!!!