Hi - Hoping to hear from someone with specific experience in navigating channels of child custody in the Philippines. I have previously posted about this and had good feedback/suggestions from some forum members, but none with actual experience in the Philippines.
The scenario: We have applied (JAN 2014) for spousal PRV for my Filipina wife & her 6-year-old son. I have been approved as sponsor. When we submitted the application we did not include the form IMM5604 (a release from the non-accompanying parent) because we were told by the Philippines social services (DSWD) and a lawyer that my wife has de facto sole custody of the child because the biological father is not named on the birth certificate (hate the label but for all intents & purposes the boy is "illegitimate" in the law's eyes).
We made a note in the "child custody" section of the application to this effect and included a sworn affidavit from my wife as to everything she has done as sole provider for the boy. I'm a bit concerned now that this may not be sufficient, that CIC may require a court issued judgement of custody in lieu of form IMM5604. (The easy thing would surely be to have the bio-dad complete the 5604 form and return it to us to send to the Manila VO. But my wife isn't sure she can find the guy, doesn't really want to speak to him, and isn't sure he would cooperate. She put this clown behind her 5 years ago & has done an amazing job raising "our son" that for me the psycho-emotional fallout of trying to find the guy is a course of action that is just not worth it.) Such a judgement could also take quite a while -- or this is where I'm hoping someone may have real Philippines experience??!!
Regarding France, I have been in contact with their embassy in Manila (yes, they actually respond directly to your emails!) because I have the possibility of working over there again (I also have a UK passport & can therefore work/reside in France as easily as I can move from Ontario to BC). The French confirmed that the boy's birth certificate as it is is sufficient proof in their eyes that his mother has sole custody and he can leave the Phils permanently accompanied by her. Even better, the whole process of me bringing them to Europe would take a couple of months tops!
I am actually working on a project in Europe right now, so I can't reach the call centre from here, but this forum is often a better knowledge source anyway imo
We put a lot of work into preparing our application for Canada and I don't want to "bale" on it just yet, but I also don't want to wait to get a letter much later this year from the VO saying that they require IMM5604 or a judgement of custody for the application to proceed....and then it taking who knows how many more months for a solution to that! Sooooo, anyone with any real experience in this out there who can weigh in? Know it's a bit of a long shot but figured I'd try. Thanks!
The scenario: We have applied (JAN 2014) for spousal PRV for my Filipina wife & her 6-year-old son. I have been approved as sponsor. When we submitted the application we did not include the form IMM5604 (a release from the non-accompanying parent) because we were told by the Philippines social services (DSWD) and a lawyer that my wife has de facto sole custody of the child because the biological father is not named on the birth certificate (hate the label but for all intents & purposes the boy is "illegitimate" in the law's eyes).
We made a note in the "child custody" section of the application to this effect and included a sworn affidavit from my wife as to everything she has done as sole provider for the boy. I'm a bit concerned now that this may not be sufficient, that CIC may require a court issued judgement of custody in lieu of form IMM5604. (The easy thing would surely be to have the bio-dad complete the 5604 form and return it to us to send to the Manila VO. But my wife isn't sure she can find the guy, doesn't really want to speak to him, and isn't sure he would cooperate. She put this clown behind her 5 years ago & has done an amazing job raising "our son" that for me the psycho-emotional fallout of trying to find the guy is a course of action that is just not worth it.) Such a judgement could also take quite a while -- or this is where I'm hoping someone may have real Philippines experience??!!
Regarding France, I have been in contact with their embassy in Manila (yes, they actually respond directly to your emails!) because I have the possibility of working over there again (I also have a UK passport & can therefore work/reside in France as easily as I can move from Ontario to BC). The French confirmed that the boy's birth certificate as it is is sufficient proof in their eyes that his mother has sole custody and he can leave the Phils permanently accompanied by her. Even better, the whole process of me bringing them to Europe would take a couple of months tops!
I am actually working on a project in Europe right now, so I can't reach the call centre from here, but this forum is often a better knowledge source anyway imo
We put a lot of work into preparing our application for Canada and I don't want to "bale" on it just yet, but I also don't want to wait to get a letter much later this year from the VO saying that they require IMM5604 or a judgement of custody for the application to proceed....and then it taking who knows how many more months for a solution to that! Sooooo, anyone with any real experience in this out there who can weigh in? Know it's a bit of a long shot but figured I'd try. Thanks!