Consent Letter for Child of previous marriage

[Stephen&Kim 1]

Not sure whether or not you're still around sweetcheeksss but i'd love to talk to you about how you went about changing your court order. That is the last thing that I need to take care of and i have no idea what i need to do and I don't want to have to get a lawyer and spend a fortune.

My son's dad has agreed to allow him to move to the US (he stopped us 7 years ago so the court order now states that I can't move out of the country) seeing as he hasn't seen or talked to him in 4 years (just 3 years after he put up such a stink when I originally wanted to move on a K1, instead USC hubby came here and we got married).

Anyway, sorry long rant, I would love to hear from some other parent's about consent letters and court order amendments. I don't know how long the process could take and getting letters from his dad are almost impossible because he can't take 5 minutes to sign something and send it back!

Anyway, any thoughts, advice or experience would be great!

[Sunny123 44]

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Edited April 29, 2011 by Sunny123

[Stephen&Kim 1]

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What did you edit? There was nothing there?

[Sweetcheeksss 91]

My situation may be a bit different than yours...

My son was 15 at the time of our interview. His biological father had never had anything to do with either of us. I truly don't even know *if* he's still alive. He never paid a dime of court ordered child support, no birthday/Christmas cards, phone calls - nothing. My original custody document was from 15 years ago - it stated "Mother has custody of said child and father has reasonable access at reasonable times". When we had our interview, my son came into the interview room, was sworn in and the interviewer asked my son if he had any type of relationship with his father. My son answered that he had never met him, never heard from him, etc. The interviewer thanked him and sent him back to the waiting room.

Then I was told that my son wouldn't be allowed to move out of Canada without one of the following:

1) Letter from the father stating he gave permission for me to take my son out of Canada to live. That letter had to be notarized and a copy of his ID (drivers' license, passport, etc) had to be included.

2) Updated custody documents from the court stating that I had SOLE custody and that the father had NO ACCESS. (the interviewer was very specific about those two phrases).

Since I truly haven't had any contact with my ex for 15 plus years, I thought the easiest thing to do was go to court. I lived in Alberta so I went down to the provincial court house, there was a family court assistant that showed me which documents to file, what proof to bring along, how much to pay, etc.

I got all my proof together, went down to the court house, presented all my stuff and they scheduled a time for me to appear before the family court judge. I think it was two weeks later, I went to the court house, presented the evidence to prove that I had no idea where my ex was, that I had had to raise my son alone, and that now we had a chance at happiness with my present husband, in the US and that my son would benefit from being allowed to live with us in the US.

The judge agreed after reading my evidence and issued the new custody document on the spot, the clerk of the court typed it up and gave me 4 extra certified copies.

That's what I had to do.

Good luck with everything!

[Canadiandggal 49]

Not sure whether or not you're still around sweetcheeksss but i'd love to talk to you about how you went about changing your court order. That is the last thing that I need to take care of and i have no idea what i need to do and I don't want to have to get a lawyer and spend a fortune.

My son's dad has agreed to allow him to move to the US (he stopped us 7 years ago so the court order now states that I can't move out of the country) seeing as he hasn't seen or talked to him in 4 years (just 3 years after he put up such a stink when I originally wanted to move on a K1, instead USC hubby came here and we got married).

Anyway, sorry long rant, I would love to hear from some other parent's about consent letters and court order amendments. I don't know how long the process could take and getting letters from his dad are almost impossible because he can't take 5 minutes to sign something and send it back!

Anyway, any thoughts, advice or experience would be great!

Lol Now I see what you were looking for. I used a lawyer and I did not see any way around it. However you could definitely call around and find a good lawyer at a small price and then tell them that you are willing to do most the leg work. IE having him served,finding evidence etc. I did most of my leg work and yet paid for it lol. If he is anything like my ex it would be an open and shut cases. Please let me know if I can help

It will take some time to accomplish though, court for me took a good 6 months from start to finish so the sooner you start the better.

Edited April 29, 2011 by Canadiandggal

[Canadiandggal 49]

My situation may be a bit different than yours...

My son was 15 at the time of our interview. His biological father had never had anything to do with either of us. I truly don't even know *if* he's still alive. He never paid a dime of court ordered child support, no birthday/Christmas cards, phone calls - nothing. My original custody document was from 15 years ago - it stated "Mother has custody of said child and father has reasonable access at reasonable times". When we had our interview, my son came into the interview room, was sworn in and the interviewer asked my son if he had any type of relationship with his father. My son answered that he had never met him, never heard from him, etc. The interviewer thanked him and sent him back to the waiting room.

Then I was told that my son wouldn't be allowed to move out of Canada without one of the following:

1) Letter from the father stating he gave permission for me to take my son out of Canada to live. That letter had to be notarized and a copy of his ID (drivers' license, passport, etc) had to be included.

2) Updated custody documents from the court stating that I had SOLE custody and that the father had NO ACCESS. (the interviewer was very specific about those two phrases).

Since I truly haven't had any contact with my ex for 15 plus years, I thought the easiest thing to do was go to court. I lived in Alberta so I went down to the provincial court house, there was a family court assistant that showed me which documents to file, what proof to bring along, how much to pay, etc.

I got all my proof together, went down to the court house, presented all my stuff and they scheduled a time for me to appear before the family court judge. I think it was two weeks later, I went to the court house, presented the evidence to prove that I had no idea where my ex was, that I had had to raise my son alone, and that now we had a chance at happiness with my present husband, in the US and that my son would benefit from being allowed to live with us in the US.

The judge agreed after reading my evidence and issued the new custody document on the spot, the clerk of the court typed it up and gave me 4 extra certified copies.

That's what I had to do.

Good luck with everything!

In my case I had a sole custody court order already stating that he had visitation when both parties agree then I went and got an add-on that said. Devon M yadda has the right to move said child "dylan yadda" to the united states of america or anywhere seen fit by mother.

[Stephen&Kim 1]

In my case I had a sole custody court order already stating that he had visitation when both parties agree then I went and got an add-on that said. Devon M yadda has the right to move said child "dylan yadda" to the united states of america or anywhere seen fit by mother.

Thanks for responding! So I have sole custody, but unfortunately in our final court order have a clause that says I can't move and if I want to it has to go back to the courts. So he's agreed to sign whatever so we can move (seeing as he hasn't had ANY contact with him for 4 years) it's just a matter of getting the documents back from him, he lives 4 hours away. So now i'm wondering if I should just arrange to have a notary meet at his cafe and show up there with a letter of consent and have it notarized and be done with? Instead of going back into the courts? If they really want the letter from the other parent rather than the court documents (which I read on here somewhere that they were more concerned with the letter than the court documents?) However, if he consents to the move and removing all access would that make the court move quicker because he consents to the amendments?...so many questions.....Oh my son is 14 also 15 in September which may be around the time we get an interview.

We just came back from the Toronto Embassy to provide all the originals for the I130 and they've sent it off to Montreal today, so we're rolling along and I don't want to waste too much time on this issue.

[Stephen&Kim 1]

My situation may be a bit different than yours...

My son was 15 at the time of our interview. His biological father had never had anything to do with either of us. I truly don't even know *if* he's still alive. He never paid a dime of court ordered child support, no birthday/Christmas cards, phone calls - nothing. My original custody document was from 15 years ago - it stated "Mother has custody of said child and father has reasonable access at reasonable times". When we had our interview, my son came into the interview room, was sworn in and the interviewer asked my son if he had any type of relationship with his father. My son answered that he had never met him, never heard from him, etc. The interviewer thanked him and sent him back to the waiting room.

Then I was told that my son wouldn't be allowed to move out of Canada without one of the following:

1) Letter from the father stating he gave permission for me to take my son out of Canada to live. That letter had to be notarized and a copy of his ID (drivers' license, passport, etc) had to be included.

2) Updated custody documents from the court stating that I had SOLE custody and that the father had NO ACCESS. (the interviewer was very specific about those two phrases).

Since I truly haven't had any contact with my ex for 15 plus years, I thought the easiest thing to do was go to court. I lived in Alberta so I went down to the provincial court house, there was a family court assistant that showed me which documents to file, what proof to bring along, how much to pay, etc.

I got all my proof together, went down to the court house, presented all my stuff and they scheduled a time for me to appear before the family court judge. I think it was two weeks later, I went to the court house, presented the evidence to prove that I had no idea where my ex was, that I had had to raise my son alone, and that now we had a chance at happiness with my present husband, in the US and that my son would benefit from being allowed to live with us in the US.

The judge agreed after reading my evidence and issued the new custody document on the spot, the clerk of the court typed it up and gave me 4 extra certified copies.

That's what I had to do.

Good luck with everything!

Thanks for finding the post and responding! So i'm thinking I should maybe take the letter that I'm trying to get him to sign that deals directly with the points on our current court order to the courts and maybe it will go right through but also get a notarized letter from him that I can move with my son to the US? See which goes quicker and hope for the best in getting both done as soon as possible.

[Canadiandggal 49]

Thanks for responding! So I have sole custody, but unfortunately in our final court order have a clause that says I can't move and if I want to it has to go back to the courts. So he's agreed to sign whatever so we can move (seeing as he hasn't had ANY contact with him for 4 years) it's just a matter of getting the documents back from him, he lives 4 hours away. So now i'm wondering if I should just arrange to have a notary meet at his cafe and show up there with a letter of consent and have it notarized and be done with? Instead of going back into the courts? If they really want the letter from the other parent rather than the court documents (which I read on here somewhere that they were more concerned with the letter than the court documents?) However, if he consents to the move and removing all access would that make the court move quicker because he consents to the amendments?...so many questions.....Oh my son is 14 also 15 in September which may be around the time we get an interview.

We just came back from the Toronto Embassy to provide all the originals for the I130 and they've sent it off to Montreal today, so we're rolling along and I don't want to waste too much time on this issue.

Would it be easier to get a notary to go by his place and get a sign document stating this sure, AS long as he doesn't change his mind. Montreal may also ask for an Updated "document" if your interview is awhile from now. If he is a good guy and is really willing to let you to move (I dont see why he wouldnt, seeing how he doesnt have contact) then I say go for it. he will still have to go to court If you did take him to court but the letter might help.

Which is why I went to court lol I figured there was no way he could back out if I had court papers.

[Stephen&Kim 1]

I talked to him again today and he said he will do what he can., whatever he can. So we are going to arrange to meet in TO in a couple of weeks at a notary to get a letter of consent. Keep our fingers crossed that it actually happens. In the meantime, the letter he was supposed to have sent weeks ago he confessed to sending yesterday! So anyway when I get that next week I will take it to the courts and see what I can do.

[Stephen&Kim 1]

Just wondering about the wording on the letter of consent. Do either of you still have the document or remember what it said? I figure I will have to draft the letter to take to the notary for signing and I'm just not sure what it should say.