Proof of custody for Brazilian children

[IntLove]

Hi.

In the IMM3908E for Brazil spousal sponsorship, they ask the "proof that you have custody of the children", "proof that you have fulfilled all obligations in custody agreements" and "proof that the children are free to move to Canada".

My girlfriend have a 2yo boy but she never was married with her ex-boyfriend, so they don't have such document. She is the one taking care of her son 60 days out of 62. She made her ex-boyfriend sign the IMM5604E (DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN FOR MINORS IMMIGRATING TO CANADA). Is that enough or does she need to get another special document?

 

[iarblue]

I am in the same place as you are,we just recieved a request for more forms from immigration concerning this.We had to go to the childrens judge in Brazil get a legal document formed and then had to send it to her babies father to get him to sign his rights away.
Then we had to also get him to fill out form IMM5604 and have it notorized.

 

[IntLove]

Thank you for your answer. Can you tell me a bit more details about that paper you got from the childrens judge? What is that document and what does it says?

My girlfriend consulted one lawyer that she know and one of her friend that study in becoming a lawyer... and they both said it was impossible to get a paper that give you sole custody before you get married with someone else than the father. Do you know anything about this?

 

[iarblue]

False my wife went to the childrens lawyer in Joan Pessoa where the judge gave her a document that she had to fill out and send to her babies father to be signed to give her sole custody and rights,it was a form to say that she said it was called a gauardianship form.
She sent it to her ex he was allowed one moth from the day to contest the form,he didnt he just signed it.Then immigration sent her another form IMM 5604 which is bacically the same it is for the father to sign saying that the child was allowed to be sponsored and immigrate to Canada and he was not contesting.It has to be notorized.

http://www.canadainternational.gc.ca/iran/assets/pdfs/visas/30_1_eng.pdf

here is a link to the form that needs to be signed by the other parent.

 

[iarblue]

P.S. she had this form done before we married.The childs father has never seen,talked or contacted the boy ever.(not once).So she just had the form done by the judge sent it to her ex boyfriend and had to give him a month to contest or sign he signed and sent it back within a week.
I hope this helps but immigration sent us that form and told us we need to get it filled out,so no doubt they would send you one to but you could be a step ahead and get it done before,

 

[IntLove]

Thanks a lot for these very usefull informations! I will look about this option and I will post again if I have more questions.