Refusal of ex-wife to undergo the medical exam of the non-accompanying child

[sammara12]

Anyone with the same case could share their experiences...on what to do if our ex-partners will not cooperate.

 

[computergeek]

Anyone with the same case could share their experiences...on what to do if our ex-partners will not cooperate.

The question I always have is why the ex-partner thinks it is worthwhile punishing the CHILD in this fashion. Because by doing this, if something happens - the ex-partner is injured or killed or the child wishes to pursue education in Canada (where it is MUCH less expensive than in the US) then the child is barred from being sponsored in the family class.

But if the ex-partner thinks that the child is deserving of such punishment then there isn't much you can do about it - get him or her to notarize a statement saying they understand that this makes their child ineligible to be sponsored to come to Canada, regardless of the particular reason. If he/she refuses to do so, document that you have advised him/her of the ramifications of this decision and provide copies of this to CIC.

You will also have to sign a statement that you understand this means your child is excluded from the family class and thus you cannot sponsor the child in the future, regardless of the circumstances. This is harsh, but it's what IRPA says: a non-accompanying child that does not undergo an immigration medical examination at the time the parent's application is process is no longer a member of the family class for the purposes of future sponsorship.

It is an extreme punishment of the child - perhaps the ex thinks that inconveniencing the other parent is worth inflicting such a punishment on the child. Hopefully, once they understand the long-term ramifications of it they'll realize that while inconvenient, this is done because it preserves an option for the child should it ever be necessary.

 

[Steph C]

Anyone with the same case could share their experiences...on what to do if our ex-partners will not cooperate.

Ah nothing quite like a scorned Filipina.. : We had to wait until my partner's ex dropped his kids off at his mothers place for the weekend as the ex likes to go and party. Then he got the kids from his mothers place and took them to get their medical appointments. Maybe you can get some grandparents on your side ;D

 

[canadianwoman]

The question I always have is why the ex-partner thinks it is worthwhile punishing the CHILD in this fashion. Because by doing this, if something happens - the ex-partner is injured or killed or the child wishes to pursue education in Canada (where it is MUCH less expensive than in the US) then the child is barred from being sponsored in the family class.

Do your best to explain all this to your ex-partner; if that doesn't work, try to get other relatives to understand these implications and explain it to your ex-partner. Also stress that just because the child is medically examined and included on the forms as non-accompanying, that does not mean the child will be taken away. It just preserves the child's options to go to Canada in the future if necessary or desirable.
I think many custodial parents are worried that if they cooperate by allowing the child to be included on the forms (even as non-accompanying), they are going to end up losing custody. Doing your best to reassure the custodial parent that this is not your intention may help.