Non-accompanying child and medicine.

[Aviv]

Hello everyone!
Could someone please advise about options we have for Non-accompanying child. :

My husband has a child from first marriage. The child lives with his mother in another city. They haven't been in touch for years.
To pass medical assessment we need to convince my husband's ex to bring child to another city.
And it looks almost impossible due to old grievances. :-\

I have read that my husband can declare that he will never sponsor his child for immigration in the future and in that case we can skip medical assessment for him.
Have someone done this before? How this declaration actually looks like?

I also have read about cases when application was rejected because applicant didn't make enough effort to bring the assessment to life.
But I can't understand how can we proof the effort. And what will be the enough effort?
My husband's ex may just say "No" and not communicate with us any more. What else can we do?

Please, someone in similar situation, need help. ???

 

[bootsal]

Hi,
Does your husband's ex have full custody to the child? In that case you will need to provide the court case papers showing the same.however it all depends on the case officer,they might ask you to provide proof showing efforts to get the child medically examined.
I am in the same boat however for now waiting for nomination. All we can do is maybe..showing custody papers, proof to reach out the ex like records of phone calls..emails where the ex refuses to let the child examined..chats messages..registered letters anything that can be documented..however it is important for you to convince his ex for medicals. The officer probably wants to see how genuine efforts are. I am not sure if there is a set format for waiver. You can check the forum for more info. I am doing the same.
Do keep in touch with the progress of your file for others.

 

[Aviv]

bootsal, thank you very much for reply.

Actually, I am not sure what does full custody mean.
We have paper from court where stated that child will be raised by mother. I don't know what is official term for that. This document is in Russian and it used this word "bring up" or "raise". Is this the same or not? I don't know.

The fact is the child lives with mother and my husband hasn't meet with him for several years (sad, I know).

 

[DollyM]

We did a declaration for my partner's son that he would not be sponsored. It looks like this:


I, <name of my partner> of <address where we live> make the following declaration:

I am the father of <son's name and address>. I am unable to obtain a medical examination for <name> for the following reasons:

1) I have limited contact with the child and he is not dependent on me financially or in any other way
2) Hehas undertaken a three year paid traineeship in his hometown, which he has stated he would like to continue
3) He is not interested in immigrating to Canada with me now or at any time in the future
4) He will not consent to undertaking a medical examination in order to be included on any application for immigration to Canada
5) He will be 18 years of age in approximately 7 weeks, at which point he will no longer be classed as a dependent

I understand that my child will not be eligible to be sponsored at any time in the future under the family class.

You will have to change the reasons to why your step child won't be sponsored, but CIC seemed happy with what we sent.

 

[xpressentry]

bootsal, thank you very much for reply.

Actually, I am not sure what does full custody mean.
We have paper from court where stated that child will be raised by mother. I don't know what is official term for that. This document is in Russian and it used this word "bring up" or "raise". Is this the same or not? I don't know.

The fact is the child lives with mother and my husband hasn't meet with him for several years (sad, I know).

This means that full custody is given to the mother. Is there any provision for visitation rights? Is the father allowed to visit the child or is he banned from visiting the child altogether? You can't say for sure that the child will never be sponsored. What would happen if the biological mother died or became incapable of raising the child? Has the biological mother appointed a guardian or will the biological father automatically get custody? The child can get back in contact and change his mind about immigrating to Canada.

 

[Aviv]

DollyM, thank you. It was very useful.

This means that full custody is given to the mother. Is there any provision for visitation rights? Is the father allowed to visit the child or is he banned from visiting the child altogether? You can't say for sure that the child will never be sponsored. What would happen if the biological mother died or became incapable of raising the child? Has the biological mother appointed a guardian or will the biological father automatically get custody? The child can get back in contact and change his mind about immigrating to Canada.

There is nothing mentioned about visitation rights in the paper from court, but he is not banned. It is for sure.
Child's mother got married second time. So she has husband. But, as I understand, my husband will get custody in case of mothers death anyway. Because he is the second parent and the closest relative by low.
Does this mean that if my husband declare now that he will never sponsor his son, then he will be obligated to go back to home country to raise the child? Is that right?

 

[DollyM]

DollyM, thank you. It was very useful.
There is nothing mentioned about visitation rights in the paper from court, but he is not banned. It is for sure.
Child's mother got married second time. So she has husband. But, as I understand, my husband will get custody in case of mothers death anyway. Because he is the second parent and the closest relative by low.
Does this mean that if my husband declare now that he will never sponsor his son, then he will be obligated to go back to home country to raise the child? Is that right?

Yes, that's right. If your husband chooses to raise the child should his ex wife die and should the courts deem that he is now the responsible parent. There is nothing that says that he has to leave Canada and go back to raise the child, though. If your husband has not had contact with his child, and the child now has a new step father, wouldn't it be in the child's best interest to remain with people he knows than have his absent father come back to raise him?

Think about it for a minute... Your husband has not had contact with his child. He's willing to leave his child back in his home country with the mother and step father forever. So why would he suddenly rush back to disrupt the life of a child who doesn't know him if the mother dies? I know it sounds harsh, but when we talked about my partner saying he would not sponsor his son it was a matter of his son coming to a new country and leaving all of his friends and extended family behind or my partner leaving Canada to raise him. We agreed that should anything happen to his mother my step son would be best served emotionally by staying with his family (sisters and his step father) than to be uprooted and forced to live with his father and me. His older sisters have said that they are more than happy to step into the mothering role and look out for him should anything happen. (My partner's ex wife is now on a heart transplant list, so it is a good possibility that she could die sooner rather than later)

 

[Aviv]

Yes, that's right. If your husband chooses to raise the child should his ex wife die and should the courts deem that he is now the responsible parent. There is nothing that says that he has to leave Canada and go back to raise the child, though. If your husband has not had contact with his child, and the child now has a new step father, wouldn't it be in the child's best interest to remain with people he knows than have his absent father come back to raise him?

Think about it for a minute... Your husband has not had contact with his child. He's willing to leave his child back in his home country with the mother and step father forever. So why would he suddenly rush back to disrupt the life of a child who doesn't know him if the mother dies? I know it sounds harsh, but when we talked about my partner saying he would not sponsor his son it was a matter of his son coming to a new country and leaving all of his friends and extended family behind or my partner leaving Canada to raise him. We agreed that should anything happen to his mother my step son would be best served emotionally by staying with his family (sisters and his step father) than to be uprooted and forced to live with his father and me. His older sisters have said that they are more than happy to step into the mothering role and look out for him should anything happen. (My partner's ex wife is now on a heart transplant list, so it is a good possibility that she could die sooner rather than later)

Yes, I absolutely agree with you that it would be better for all of us including the child if he is raised by his step father, not by my husband.
But we can't talk for another person and there is a possibility that step father will just refuse this responsibility. We haven't discussed this question with that party yet.
We just want to consider all possible options before we start this talk with them. Thank you for sharing your experience.

 

[xpressentry]

If your partner wants nothing to do with his son, he could step down from parental duties through the court and the son could be adopted by the stepfather. As the only relative remaining of the child, there could be court summons to get your partner back to Russia to raise the son. Usually courts give custody to the biological father automatically unless the mother has a will as to who will assume guardianship.

 

[Aviv]

If your partner wants nothing to do with his son, he could step down from parental duties through the court and the son could be adopted by the stepfather. As the only relative remaining of the child, there could be court summons to get your partner back to Russia to raise the son. Usually courts give custody to the biological father automatically unless the mother has a will as to who will assume guardianship.

Thank you guys for your advice!
So we have the following options.
1. Convince child's mother to pass medicine (preferable).
2. Declare that we will not sponsor the child in the future and hope that it will be enough.
3. My husband can abandon his parental rights. But in this case he should specify in the application that he has a son anyway? Right? And to sign same declaration.

PS. We are not from Russia, we are from Kazakhstan.

 

[DollyM]

Thank you guys for your advice!
So we have the following options.
1. Convince child's mother to pass medicine (preferable).
2. Declare that we will not sponsor the child in the future and hope that it will be enough.
3. My husband can abandon his parental rights. But in this case he should specify in the application that he has a son anyway? Right? And to sign same declaration.

PS. We are not from Russia, we are from Kazakhstan.

No matter what you decide your partner will have to declare his son. He's still his father no matter what.

Good luck.