Getting permission for son to immigrate from ex-boyfriend

[karen&son 0]

Hi Everyone,

I have my interview in Montreal on September 13, 2007, I still haven't received pkt 4 yet. But, I was wondering since I have no divorce/legal papers with regards to child custody, what do I need as far as permission goes to immigrate my 4 year old son across the border? My x has given me permission on an agreement we drew up when he left. Is there something else that I might need? We are only moving 20 miles across the border. Any help would be greatly appreciated.

Thank you,

Karen

Just to let you know that I did get a notarized copy of permision to immigrate from my son's father. Was a little like pulling teeth without freezing. I used a copy of this letter from the Canadian Gov and changed a few things to state immigrate instead of travel.

Thank you for all the responses and good luck to all. I am super excited. Count down to Montreal. My packet 4 arrived on Saturday. 2 1/2 weeks before the interview. Thank god, I called when I did. Cheers to everyone. Karen

[zyggy 9]

Why doesn't "Sole Custody" mean sole custody. This is absolutely absurd.

I guess it's because it's the question of "access"? Even though someone has full custody, the other parent still has "access" to the child (unless there's a restraining order or something).

Hopefully you can get it all sorted out in time.

Yeah, I realize that. But, in our case, she's moving three miles away. There's no difference in access, except for the wait on the bridge. And, if he did "access" her more often, like every other weekend like it states in the custody papers, I could understand it. He wouldn't even bother seeing his daughter when he lived on the next street over.

Yes, you're just moving three miles away now... but once the child has immigrated to the US, the horse has left the corral so to speak. After immigration, there nothing keeping you from moving you and the child to Arizona for instance since Canada courts will have lost jurisdiction over the child.

The Consulate needs that permission from the other parent in order to allow them to immigrate...whether you have sole custody or not... because the other parent still has the right to visit and keep a relationship with the child.. you as a custodial parent don't have the right to take that away, but the other parent can give it up...

[Emancipation 2]

Yes, you're just moving three miles away now... but once the child has immigrated to the US, the horse has left the corral so to speak. After immigration, there nothing keeping you from moving you and the child to Arizona for instance since Canada courts will have lost jurisdiction over the child.

The Consulate needs that permission from the other parent in order to allow them to immigrate...whether you have sole custody or not... because the other parent still has the right to visit and keep a relationship with the child.. you as a custodial parent don't have the right to take that away, but the other parent can give it up...

Well now stranger... Good to see you again!! And your informative postings

[Jeremy + Kristy 0]

The Consulate needs that permission from the other parent in order to allow them to immigrate...whether you have sole custody or not... because the other parent still has the right to visit and keep a relationship with the child.. you as a custodial parent don't have the right to take that away, but the other parent can give it up...

Then why doesn't the consulate say anything about it in the Packet 3?

I think we're going to have to say screw it and start the plans for me immigrating to Canada, instead. Kristy (and her daughter) are going to be crushed when I tell them that all this waiting has been in vain. Well, I guess we'll see what the court says next Friday.

[Ontarkie 14,226]

hi all well i (the canadian) dont normally post its usually my fiance that does the posting anyways the thing with consent from the other parent is that our laws are very strick with parental kidnapping and to make matters worse its not so much the montreal consulate that can say no to the kids visa the its also the border that can turn the kids around at least thats what my lawyer told me. My ex is nuts and thats putting it nicely he doesnt have any contac with the kids and he lives in the same town. The thing is with the new laws that passed this past january i was told i could not simply change my custody papers to say i could move. So my lawyer encouraged me to get him to sign a consent form, she typed one up it had the ontario court of justice tittle and it gave a simple discription on how he doesnt work pays no child support and alot more stuff to make it look good also stating that i would have to let him know my address in arkansas and phone number and how he still had resonable access with resonable notice to the kids and was able to call at appropriate time to talk to them. things like that she gave me 3 copies and told me to have him sign them and get it witnessed it could be anyone not realated to us to be witness.

Anyways he refused to sign them so i went back to see her and she wrote up all kinds of stuff about him how he had no relation with the kids. well basically made him look like the ### he is and she also made clear how close my kids are with my fiance. Lets say she was good at what she does. So anyways he was served the papers and the next day called me up and agreed to sign the consent forms, i brought the forms in to my lawyer and she had a judge endorse them right away that day. The court clerk then typed up the final copy and i have now a court oder basically to take my kids. That part was easy since i delt with the family law clinic at the court house so was that fast.

If i would have had to fight it in court i would have had to wait another month for the first case conferece and then if its not settled then go back in another week to give more infomation. I am so glad my ex is as lazzy as he is cause going to court would of put a strain on his drinking so his only way out of it was to give consent. If you want i can type up the consent letter my lawyer typed up if you want another ideal for a letter.

Sorry about the spelling im the worse ever speller.

Danielle

[misa 2]

I think we're going to have to say screw it and start the plans for me immigrating to Canada, instead. Kristy (and her daughter) are going to be crushed when I tell them that all this waiting has been in vain. Well, I guess we'll see what the court says next Friday.

Hopefully it will get sorted out in yours and Kristy's favour.

[Ontarkie 14,226]

I, the USC, think she's the best speller!

[karen&son 0]

Hi Everyone,

I have my interview in Montreal on September 13, 2007, I still haven't received pkt 4 yet. But, I was wondering since I have no divorce/legal papers with regards to child custody, what do I need as far as permission goes to immigrate my 4 year old son across the border? My x has given me permission on an agreement we drew up when he left. Is there something else that I might need? We are only moving 20 miles across the border. Any help would be greatly appreciated.

Thank you,

Karen

Just to let you know that I did get a notarized copy of permision to immigrate from my son's father. Was a little like pulling teeth without freezing. I used a copy of this letter from the Canadian Gov and changed a few things to state immigrate instead of travel.

Thank you for all the responses and good luck to all. I am super excited. Count down to Montreal. My packet 4 arrived on Saturday. 2 1/2 weeks before the interview. Thank god, I called when I did. Cheers to everyone. Karen

Well, my x now has threatened to terminate the consent because we had an argument. He said he didn't care if it took thousands to to revoke the consent. Interesting since he signed without a hassle in front of a lawyer. He said he signed it under duress. Anyway, I managed to calm him down. He was mad because I didn't answer my cell phone when he was having a problem with our son. It was the first time I hadn't answered it. I actually didn't hear it because I was swimming. Does anyone else take their cell phone in the water with them???? Anyway, 2 weeks to interview and he is in Missouri for over half of that. Fingers crossed. Karen

[lynamon 0]

Being stopped at the boarder was my worst fear so I will share my story.

My sons father did not visit his son regularily and I had fully discussed moving with our son to the states 4 1/2 hours away with which he had no objections. Within the filing of the I129f we had our divorce order completed in laymen terms stating that I had sole custody. He had reasonable access on reasonable notice and there were no restrictrictions on location of primary residence. My ex was off work for a bit and got wayyyy behind on child support and became a total a$$ to boot (he was only a partial a$$ before this and I had really tried to work with him on it) so I put him through to the Family Responsibility Office and then he got mad. Oh dear .. so very mad and very bitter.

I was worried that Montreal would need a letter of Consent and at first they said that it would be required and then they told me that it was not required (I have come to believe that some of the people working in Montreal don't know their elbows from their .. well ... you know ). I asked my ex for the letter and there was no way in hell (his exact words) that he was going to help me out.

So I went to see a lawyer and the lawyer told me that my court order was rock solid. That he had not seen the "no restrictions on location of primary residence" put into an informal contract in the 15 years that he had been doing family law and that I would have nothing to worry about. Montreal did not ask for anything more than what I had .. no worries there. Except for the following worry which nearly crumpled my world in my last days before crossing that boarder.

At any time my ex-husband could have filed an emergency change of heart to have the divorce order changed. He could have filed it for free at the court house and had me served and delayed my whole process by God knows how long. There is no way that he would have won a court case against me with the history that we have shared (it's harder to change a court order than to put one in place) but he could have put a major crimp in my plans as far as time and a whole shi! load of money for court costs which would have devastated my relationship with my now husband.

Sweet talking (me) and ignorance about the legal system (him) goes a LONG way ... all to way to Cleveland, Ohio in fact .. WITH MY SON!! and that is my story .. I hope that it helps someone ....