Non custodial parent will not sign consent form

[Liloosh]

Hi. I have a question the biological parent of my daughter will not sign the consent form.
We are almost at the end of the sponsorship process through my spouse.the only doc we are missing is this consent.
I have full custody yet he has some visitation rights. I have two questions
Can the court give me a document saying I can proceed without his consent and will the cic accept it?
If I cannot get this doc can I cancel the application for her and continue with my application. And request for her pr later? Do you think cancelling her request will annull the entire application (mine and hers?)
Please answer only if you REALLY know and not from rumors
Thanks
Please

 

[taffy7]

You can add your daughter as non accompany .When your daughter turns 16 i think you won't need him to sign a form but check with your country laws.

 

[Sunset0505]

Hi. I have a question the biological parent of my daughter will not sign the consent form.
We are almost at the end of the sponsorship process through my spouse.the only doc we are missing is this consent.
I have full custody yet he has some visitation rights. I have two questions
Can the court give me a document saying I can proceed without his consent and will the cic accept it?
If I cannot get this doc can I cancel the application for her and continue with my application. And request for her pr later? Do you think cancelling her request will annull the entire application (mine and hers?)
Please answer only if you REALLY know and not from rumors
Thanks
Please

My questions is how are you going to get your child across the border without a consent form from your childs father?...I know when mine were younger I have to have notarized letters from my kids father in order to travel across the borders along with their passports...

 

[screech339]

You can add your daughter as non accompany .When your daughter turns 16 i think you won't need him to sign a form but check with your country laws.

Actually, depending on province, the person is considered to be a child under the age of majority of 18 or 19. So even if the daughter is 16, she still need a consent letter to travel from the father.

All children are required to carry a consent letter whenever the child travels alone or with one parent, or one accompany person.

http://travel.gc.ca/travelling/children/consent-letter

 

[canuck_in_uk]

Can the court give me a document saying I can proceed without his consent and will the cic accept it?
If I cannot get this doc can I cancel the application for her and continue with my application. And request for her pr later? Do you think cancelling her request will annull the entire application (mine and hers?)

You can go to court and attempt to get a court order allowing you to take the child but unless there are concerns about the father, it's doubtful that any judge would give you permission to take the child out of the country.

As said above, you can change the child to non-accompanying. This will not affect your application. However, you will not be able to sponsor your child independently until she is 18. At that point, she can legally travel to Canada on her own without her father's permission.

 

[zardoz]

This still leaves the unanswered question regarding a person with sole custody immigrating without the child being able to go with them, due to lack of consent. Does custody revert back to the other parent or is the potential immigrant blocked from departing, due to custody responsibilities?

 

[screech339]

This still leaves the unanswered question regarding a person with sole custody immigrating without the child being able to go with them, due to lack of consent. Does custody revert back to the other parent or is the potential immigrant blocked from departing, due to custody responsibilities?

A friend of mind had a similar issue. While she had had full custody, her ex husband wouldnt give consent to take her kids out of the country. She was basically "stuck" there.

 

[Sunset0505]

This still leaves the unanswered question regarding a person with sole custody immigrating without the child being able to go with them, due to lack of consent. Does custody revert back to the other parent or is the potential immigrant blocked from departing, due to custody responsibilities?

I do know that in Canada you can't take the child out of the country or even the province without permission from the other parents...even for travel...and if you want to move to another town the parent that just has visitation can stop the move...The odds of a court allowing one parent from taking the child out of the country when there are no issues are slim to none....I am pretty sure that a court would not give you a letter telling you to continue the immigration process cause it would have nothing to do with them and I know that the border guards would look at it like is was a blank piece of paper...I had sole physical custody of my kids but still needed all the letters from their father....from my experience the custody has nothing to do with a parent immigrating...I say you need a lawyer and a fair bit of money...you have to look at the mother as one party..the father is one party and the child is another...the courts are going to look at what is best for child and I can tell you now that most American judges are not going to say that the child will be better off in Canada then the USA...I am assuming its a USA to Canada case..You need a lawyer if you are going to continue with the child and like a said a fair bit of money...

 

[taffy7]

Actually, depending on province, the person is considered to be a child under the age of majority of 18 or 19. So even if the daughter is 16, she still need a consent letter to travel from the father.

All children are required to carry a consent letter whenever the child travels alone or with one parent, or one accompany person.

http://travel.gc.ca/travelling/children/consent-letter

I have taken my kids to the U.K many times on my own and never needed a consent letter . Also my ex husband has taken the kids to Cuba and Dominion and was never asked for a consent letter.

 

[Sunset0505]

I have taken my kids to the U.K many times on my own and never needed a consent letter . Also my ex husband has taken the kids to Cuba and Dominion and was never asked for a consent letter.

When I took my kids to England they wanted the letters when we landed...I had to ask them to stamp the kids passports( I wanted the kids to have the stamp for fun)!..I have also been asked at Peace Arch crossing heading into the states....I guess it depends on the mood of the guard!!!...

 

[tweetbr24]

I have travel with my daughter had the consent form just in case, but it was not asked for. So it depends on the border security

 

[LN13]

I travel quite frequently by air from the USA to Canada with my kids and I've been asked for letters every time.

In fact, I had issues trying to get back to the USA with my kids even though our residency was there because I didn't have the letter handy. Not major issues but a hassle nonetheless.

 

[Nauman baig]

I am applying for visit visa for Canada with my wife and two children from Pakistan so before submitting application a imm5646 form is required so that's not related to my visa category and without filing this I am unable to submit application for visit visa

 

[YVR123]

I am applying for visit visa for Canada with my wife and two children from Pakistan so before submitting application a imm5646 form is required so that's not related to my visa category and without filing this I am unable to submit application for visit visa

Ask your question in the visitor section. The discussion here was about getting PR for dependents and the form required. And this is a very old discussion (2015).