Requirements for child to immigrate (split)

[siamnet74 4]

4 minutes ago, Boiler said:

You need to read up on The Hague convention, if she is issued a visa, unlikely but mistakes happen, that will not release you from possible action.

 

Are you working in the US or Canada?

 

Thank you, I will readup on the Hague convention.

I (petitioner) work for a US company.

[Boiler 45,949]

Just now, siamnet74 said:

 

Thank you, I will readup on the Hague convention.

I (petitioner) work for a US company.

In the US?

[siamnet74 4]

Just now, Boiler said:

In the US?

I'm back and forth since it's a remote job. When there are physical meetings, I attend those in person in the US. Otherwise, my company classifies me as a full time remote worker.

[Boiler 45,949]

You are under a US contract and paid in USD

[siamnet74 4]

Just now, Boiler said:

You are under a US contract and paid in USD

It is an "at-will" contract. They can fire/lay me off anytime. And yes, I'm paid in USD, have W2, etc.  I can leave the company any time but I cannot due to my family obligation with my Canadian wife and kid. My kid doesn't want me to "work" anywhere else since she wants me "home" every day. Hence, I'm "stuck" working for my current company so that I can spend quality/valuable time with my kid.  Eventually, once she is 12+ years old, she won't care much about me if I'm home or not then I'll go find a new job/city.

[Ontarkie 14,418]

5 hours ago, siamnet74 said:

 

Well, I guess we're going to wait this out after the interview. If denied immigration due to that sole reason (needing court permission for the child to immigrate) then we will initiate a court proceeding immediately. We don't want to wait for her to turn 18, we'd rather have this resolve before she starts high school in the US.
 

 

If he would give written consent this can save any delays. It doesn't need to be anything fancy. I fully understand the frustration, my older kids were 10, 12, 14 & 16 I needed permission for all 4, but like I said my lawyer didn't trust my shady Ex and had his permission letter turned into a court order. 

Good luck!

[siamnet74 4]

5 hours ago, Ontarkie said:

If he would give written consent this can save any delays. It doesn't need to be anything fancy. I fully understand the frustration, my older kids were 10, 12, 14 & 16 I needed permission for all 4, but like I said my lawyer didn't trust my shady Ex and had his permission letter turned into a court order. 

Good luck!

Fingers crossed, I've given the father notice to discuss consent/permission to the move.  He stated that he will "discuss" it with us when he comes to pick up the child this Friday (his weekend). I guess it's not an outright NO. However, I'm sure there will be some sort of demands as part of that discussion.  Either way, I'm prepared to shell out for a family lawyer to obtain a court order/consent decree.

 

The father rarely follows the seperation agreement anyways. There were requirements for him to keep a life insurance policy,  when to pay child support and how much child support to pay. Per the agreeemnt that he signed, he was supposed to show us his tax return each year but he never does and threatens to quit his job and work under the table when we ask for it.  Thus, the child support payment has been "stuck" at whatever amount per his salary from 2019.  He's never been easy to deal with and doesn't think the law applies to him.

[Ontarkie 14,418]

5 minutes ago, siamnet74 said:

Fingers crossed, I've given the father notice to discuss consent/permission to the move.  He stated that he will "discuss" it with us when he comes to pick up the child this Friday (his weekend). I guess it's not an outright NO. However, I'm sure there will be some sort of demands as part of that discussion.  Either way, I'm prepared to shell out for a family lawyer to obtain a court order/consent decree.

 

The father rarely follows the seperation agreement anyways. There were requirements for him to keep a life insurance policy,  when to pay child support and how much child support to pay. Per the agreeemnt that he signed, he was supposed to show us his tax return each year but he never does and threatens to quit his job and work under the table when we ask for it.  Thus, the child support payment has been "stuck" at whatever amount per his salary from 2019.  He's never been easy to deal with and doesn't think the law applies to him.

I'll definitely keep my fingers crossed for you all.

My Ex liked to play victim so we never seen or heard from him. Because you know being in his kids lives would make him not a victim. 

[Ban Hammer 13,490]

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[siamnet74 4]

42 minutes ago, Ban Hammer said:

one post removed for tos violation:

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Sorry about that.

[Ontarkie 14,418]

As a mod I was able to see your post above. I totally get it, it sucks. Police were involved with my ex, they brought in CAS. CAS made he take a drug/alcohol addiction test of some sort. They took their time so we were already split up at that point. The Worker called me all concerned because my ex told him he would be back in the house by June (it was May when the worker called). I would have lost my kids if he moved back in, but that wasn't enough to take away his parental rights. It is so mess up in Canada, next to impossible to a parents rights taken away. 

 

My custody agreement was he could call anytime, see the kids anytime he wanted. He just needed to give me 24h notice. I did it like that because I knew him well enough to know he couldn't be bothered. 

 

Anyway, I don't want to derail your thread with my venting. Just wanted to know I do understand and truly do wish you the best. 

 

[siamnet74 4]

Update on this particular topic as it relates to Canadian (Ontario) parenting decision (i.e., sole custody) and access right (i.e., visitation right).

 

My wife and stepkid had their interview yesterday(1/14/2025) at the Montreal embassy.

 

I had already uploaded a bunch of docs relating to the custody:

1) signed custody/separation agreement granting my wife sole custody of the kid and scheduled visitation by the child's father

2) proof showing that the custody agreement was filed and accepted by an Ontario court (from 2021)

3) letter from the Ontario lawyer that drafted the separation agreement(2019) for my wife stating that my wife had sole custody. 

 

I also included more docs just in case since most people on this forum stated that EVEN if you have sole custody, you still either need 1) court order granting the move or 2)notarized/signed permission from the other parent:

1)printed out from Justice of Canada website on the difference in "relocation" vs "change of residence" - arguing that the other parent's access will not be altered thus no permission is needed.

2)I wrote my own legal memo on the same topic of relocation vs change of residence - (I'm a licensed Ontario attorney in addition to being licensed to practice law in the US but I do not practice family law or Immigration law)

3)printed out case law to show Ontario Supreme court granting international move as long as access isn't severely affected.

 

The interviewer didn't ask my wife anything related to the custody of the child nor did she asked to see the separation agreement. She was concerned about two things:

1) my divorce decree from Georgia since it wasn't an original - had to ask a 2nd person since my wife told them that in county (Muscogee), the divorce parties only received stamped copies from the court and you can ask for a certified copy but not the original. The 2nd person said that was fine (my stamped copy from the court which was a scanned color copy).

2) my wife's youth criminal arrest (theft under $1k which was discharged) from 20 years ago. - This would be a problem if she was actually convicted (said the interviewer).

 

The entire interview process took almost 2 hours and the interviewer told my wife that they were approved !!!