A properly formatted agreement (use a lawyer for this) with your ex-husband stating that he has voluntarily relinquished his rights as the kids father.
You need to consult a lawyer for this. The following is the kind of letter/affidavit that might be accepted by IRCC.
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| The following is an example just to give you an idea |
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Name of the Father:
Name and date of birth of the child:
Name of the Mother:
I, the parent (father/ex-husband) named above, voluntarily and knowingly consent to the termination of my parental rights and grant sole custodial and guardianship right of the child to my ex-wife named above.
I understand the termination of my parental rights to mean that I will no longer have the following legal rights and responsibilities on the effective date of termination:
1. the legal right to custody, guardianship or control of the child or youth
2. the legal right to obtain the child's or youth's birth certificate;
3. the legal right to any state or federal benefits I may have been receiving for the child or youth;
4. the responsibility to care for the child or youth or make any decisions on his or her behalf.
Signed (father/ex-husband)
This is to certify that the above document was signed in my presence after it was read by me to the subscriber in the language understood by him/her and that he/she further stated that he/she understood the contents of this consent and authorization.
Signed and stamped (Judge, Notary Public)
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| END |
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You cannot apply as a refugee unless if you can prove that you are facing a danger of torture; a risk to your life; or a risk of cruel and unusual treatment or punishment in your home country.
You can apply under FSWP.