MRS.L said:
Hi!
we kinda have the same situation.. and I'm also looking for a solid answer about my situation.. I have the same scenario, my 10 yo daughter follows her bio dad's surname and my husband will petition both of us. tho the bio dad was cooperative (to my surprise, we had no communication for 7 yrs i really just tried my luck )he recently signed the form5604. i just want to know what document do i still need to secure for checklist question number 9 under children's information. I have been searching the forum if there's any thread i can relate to, this is the closest that i have read so far..
I hope you were able to resolve your problem as well.. TIA. God bless!
(Quote from: Gumper on April 23, 2014, 07:28:41 am
Hi - Hoping to hear from someone with specific experience in navigating channels of child custody 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. Such a judgement could also take quite a while -- or this is where I'm hoping someone may have real Philippines experience??!! (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.)
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. I 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? Thanks!)
Hello Gumper,
There's nothing to worry about it if the CIC did not ask her to fill up that form. She only need to get affidavit again in notary public,
AFFIDAVIT OUTLINING HISTORY of her relationship with her son's father.To include details such as how the relationship started and developed, and describe current status of the relationship. The CIC would email her for another requirements if there is another requirements that are not yet there with the application forms and the personal documents. Maybe they will ask the original birth certificate of her son or a new NBI certificate etc. Maybe you just have to wait the CIC's emails. But for now if you hear nothing from them, it means they are working on that papers well. I hope I am helping a bit