Please Help / Urgent Questions: Dependent Child Sponsorship; IMM5604 signed by the other parent; Now, IRCC requests original custody agreement

[ccaallvviinn]

Hello everyone -

I am sponsoring my dependent child, who is 10 yrs old and has been living with my ex-spouse since the divorce back in 2014. As part of the dependent child sponsorship and PR application from outland, the Form IMM5604 was signed and submitted. Now, I just received the local Canada consulate's request to submit a 'notarized copy of the original divorce agreement for custody arrangements of the child'. In my case, my ex-spouse has been having the full custody of the child, per the original divorce agreement.

Questions:

1. Because the original divorce agreement shows that my ex-spouse has the full custody of the child, will this cause any issue to the case that I am sponsoring my child for Canada PR and the child will be living with me after PR approval? What kind of info the IRCC is actually looking for, especially with the signed IMM 5604 submitted as part of the application already.

2. My ex-spouse is supportive of the child's immigration to Canada and agrees to update the custody agreement, if and whenever it is needed. Could the experts here guide me on is it something that I should do right now, so that I can submit it to the local Canada consulate proactively, together with the original divorce agreement? Or, I should really keep it simple and submit the original divorce agreement only, per their request. In the latter case, would a letter of explanation be advised? Something like 'While the original divorce agreement shows that my ex-spouse has the full custody of the child, my ex-spouse and I are in agreement to update the child's custody arrangement, in order to give me full custody of the child, if and whenever it is needed to support the child's immigration to Canada' would be helpful?

Really appreciate all your guidance / comments.

 

[armoured]

Hello everyone -

I am sponsoring my dependent child, who is 10 yrs old and has been living with my ex-spouse since the divorce back in 2014. As part of the dependent child sponsorship and PR application from outland, the Form IMM5604 was signed and submitted. Now, I just received the local Canada consulate's request to submit a 'notarized copy of the original divorce agreement for custody arrangements of the child'. In my case, my ex-spouse has been having the full custody of the child, per the original divorce agreement.

Questions:

1. Because the original divorce agreement shows that my ex-spouse has the full custody of the child, will this cause any issue to the case that I am sponsoring my child for Canada PR and the child will be living with me after PR approval? What kind of info the IRCC is actually looking for, especially with the signed IMM 5604 submitted as part of the application already.

2. My ex-spouse is supportive of the child's immigration to Canada and agrees to update the custody agreement, if and whenever it is needed. Could the experts here guide me on is it something that I should do right now, so that I can submit it to the local Canada consulate proactively, together with the original divorce agreement? Or, I should really keep it simple and submit the original divorce agreement only, per their request. In the latter case, would a letter of explanation be advised? Something like 'While the original divorce agreement shows that my ex-spouse has the full custody of the child, my ex-spouse and I are in agreement to update the child's custody arrangement, in order to give me full custody of the child, if and whenever it is needed to support the child's immigration to Canada' would be helpful?

Really appreciate all your guidance / comments.

I think the answer is pretty straightforward, since the child has been residing with the other parent for 9-10 years - whole life really - they want to see that in fact the arrangements reflect that you will have custody going forward, yes.

Now, I'm not an expert. But my guess is that your letter of explanation - even if from both of you - will likely not be enough.

If they are asking you to respond within a short period of time, I would start with that letter of explanation - really an explanation letter from you and a letter from spouse of your intent to do so (agree to give you custody or hwatever you've agreed with her) - which you may want to have her execute as an affidavit, i.e. in front of a lawyer or notary.

Again my guess: likely they will require an actual custody agreement. Notarized, etc. Don't know if any court requirements in home country. In short, you're probably going to need a lawyer (there). [My guess is also that there isn't much needed in Canada for time being as long as you are parent in birth certificate.]

So I'd suggest getting ahead and do both the letters, indicate in them that you will provide the custody documentation reflecting these changes when done, and give a timeline (to extent you can). If it's someplace where all this can be done super-quickly of course you might be able to jump the interim stage.

I defer to others though if they have better ideas or knowledge. Specifics of what is required may depend on country so it may help to indicate.

 

[ccaallvviinn]

I think the answer is pretty straightforward, since the child has been residing with the other parent for 9-10 years - whole life really - they want to see that in fact the arrangements reflect that you will have custody going forward, yes.

Now, I'm not an expert. But my guess is that your letter of explanation - even if from both of you - will likely not be enough.

If they are asking you to respond within a short period of time, I would start with that letter of explanation - really an explanation letter from you and a letter from spouse of your intent to do so (agree to give you custody or hwatever you've agreed with her) - which you may want to have her execute as an affidavit, i.e. in front of a lawyer or notary.

Again my guess: likely they will require an actual custody agreement. Notarized, etc. Don't know if any court requirements in home country. In short, you're probably going to need a lawyer (there). [My guess is also that there isn't much needed in Canada for time being as long as you are parent in birth certificate.]

So I'd suggest getting ahead and do both the letters, indicate in them that you will provide the custody documentation reflecting these changes when done, and give a timeline (to extent you can). If it's someplace where all this can be done super-quickly of course you might be able to jump the interim stage.

I defer to others though if they have better ideas or knowledge. Specifics of what is required may depend on country so it may help to indicate.

Thank you so much for your comments! Quick follow-up question - my understanding is that I will need to decide a date, from which I start to take over the full custody of the child. My situation is that I am currently living in Canada and child / ex-spouse living together in home country, so the start date of having full custody is depending on the immigration to Canada. In your opinion, can I just give a date based on my estimation, like end of this year, or it is better to say 'by the time of immigration to Canada'? Thank you again!

Also, thanks in advance for any additional comments from everyone!

 

[armoured]

Thank you so much for your comments! Quick follow-up question - my understanding is that I will need to decide a date, from which I start to take over the full custody of the child. My situation is that I am currently living in Canada and child / ex-spouse living together in home country, so the start date of having full custody is depending on the immigration to Canada. In your opinion, can I just give a date based on my estimation, like end of this year, or it is better to say 'by the time of immigration to Canada'? Thank you again!

Also, thanks in advance for any additional comments from everyone!

Sorry, I don't know. I doubt that this would be a big deal for IRCC as long as they know that it is or will be done. And what can be done may depend on law of the country in question (how their law separates custody and parental rights, shared custody, can custody be assigned in future, etc).

I mean, if your ex-spouse is in agreement with all of this, I don't see any particular issue with you being assigned custody right away, and the spouse simply exercising temporary guardianship until PR is finalized. I mean, kids go to visit their grandparents/relatives/non-custodial parents all the time and it's not a big deal, that doesn't constitute a change of custody.

But laws about child custody can be very specific and repeat, I'm not an expert.

 

[canuck78]

Thank you so much for your comments! Quick follow-up question - my understanding is that I will need to decide a date, from which I start to take over the full custody of the child. My situation is that I am currently living in Canada and child / ex-spouse living together in home country, so the start date of having full custody is depending on the immigration to Canada. In your opinion, can I just give a date based on my estimation, like end of this year, or it is better to say 'by the time of immigration to Canada'? Thank you again!

Also, thanks in advance for any additional comments from everyone!

Estimation of date or once PR is approved is fine. What you really need is an updated custody agreement that states that you will now have primary custody and proof that the other parent will have visitation and the terms of the visitation. For example that you will pay for the child to visit the mother for every other Christmas, all summer, etc. whatever you agree to. Given that the other parent has had primary custody for the majority of the child’s life it will be a huge adjustment for the child to move to Canada and if the mother doesn’t have a TRV or can’t easily visit Canada there is the possibility that you could keep the child in Canada and not allow the mother to see her child. An updated custody agreement would provide assurances that the mother agrees for the child to live with the father full-time but a firm visitation schedule with the mother is important to protect her rights to visitation.

 

[canuck78]

Sorry, I don't know. I doubt that this would be a big deal for IRCC as long as they know that it is or will be done. And what can be done may depend on law of the country in question (how their law separates custody and parental rights, shared custody, can custody be assigned in future, etc).

I mean, if your ex-spouse is in agreement with all of this, I don't see any particular issue with you being assigned custody right away, and the spouse simply exercising temporary guardianship until PR is finalized. I mean, kids go to visit their grandparents/relatives/non-custodial parents all the time and it's not a big deal, that doesn't constitute a change of custody.

But laws about child custody can be very specific and repeat, I'm not an expert.

Given that the plan to move to Canada ignores the longterm custody agreement there could be concerns that the mother may not be in agreement that the child move to Canada full-time. For example some parents have been told their child is going to visit Canada and then the other parent doesn’t want to return the child to the other parent. Best to get a new custody agreement explaining the new arrangement m and going into detail about visitation for the mother. How often, who will pay for travel, how holidays will be split, etc. It makes it clear that both parents are in agreement and there is a plan for the mother to see her child.

 

[armoured]

Given that the plan to move to Canada ignores the longterm custody agreement there could be concerns that the mother may not be in agreement that the child move to Canada full-time.

It is clear that some form of custody agreement reflecting the sponsor taking on primary custody is needed, yes.

 

[ccaallvviinn]

Thank you so much for all your replies!

 

[Chun1234]

Thank you so much for your comments! Quick follow-up question - my understanding is that I will need to decide a date, from which I start to take over the full custody of the child. My situation is that I am currently living in Canada and child / ex-spouse living together in home country, so the start date of having full custody is depending on the immigration to Canada. In your opinion, can I just give a date based on my estimation, like end of this year, or it is better to say 'by the time of immigration to Canada'? Thank you again!

Also, thanks in advance for any additional comments from everyone!

hi there, how did you go about the custody agreement or document without traveling back to China? via the court or a notary office? My friend is in a very similar situation and will likely need to address the custody issue before submitting the sponsorship application. I would much appreciate your input if you could share.

 

[ccaallvviinn]

hi there, how did you go about the custody agreement or document without traveling back to China? via the court or a notary office? My friend is in a very similar situation and will likely need to address the custody issue before submitting the sponsorship application. I would much appreciate your input if you could share.

My ex-spouse and I submitted an affidavit on each of our own confirming the intent to transfer the full custody to me by the time or before the PR is approved. It seemed working, as the PPR email has already been received on July 20. I plan on updating the custody before landing, which is also needed for travel purpose as well I believe.

 

[Chun1234]

My ex-spouse and I submitted an affidavit on each of our own confirming the intent to transfer the full custody to me by the time or before the PR is approved. It seemed working, as the PPR email has already been received on July 20. I plan on updating the custody before landing, which is also needed for travel purpose as well I believe.

Thank you for your reply. Congratulations on the PPR. It certainly saves time and cost if affidavits can be accepted as custody document is normally not a quick fix. But I agree the custody should be resolved before landing.