Custody Question

[headingforcanada101]

I am in the process of gathering my required documentation to submit my PR application. My husband is a Canadian Citizen, I am an American Citizen. I am currently living and working in the US. We are planning to apply Outland. I have two children that I have custody of. My custody papers state "Sole Custody with liberal visitation to father". I have not seen him in years. Does anyone have experience with this? Would my "sole custody" court orders be sufficient for immigration or am I still going to need their father's signature?

I would appreciate any information from anyone that may have been in a similar situation.

Thanks in advance!

 

[Sous02]

always better to get the papers given from their father. CIC will want to see that you are the sole parent with custody and decision powers in all areas. If you can not get the letter write an explanation and be sure to include a notarized copy of the court document.

 

[Wakki]

I am in the process of gathering my required documentation to submit my PR application. My husband is a Canadian Citizen, I am an American Citizen. I am currently living and working in the US. We are planning to apply Outland. I have two children that I have custody of. My custody papers state "Sole Custody with liberal visitation to father". I have not seen him in years. Does anyone have experience with this? Would my "sole custody" court orders be sufficient for immigration or am I still going to need their father's signature?

I would appreciate any information from anyone that may have been in a similar situation.

Thanks in advance!

You have a case were your sponsor (i.e., your husband who is a Canadian) is not the other legal parent of your child(ren).

Follow the guideline in the IRCC Spousal Sponsorship Checklist.

Please refer to the IRCC Spousal Sponsorship Checklist section below......

SUPPORTING DOCUMENTS FOR SPONSORED PERSONS (PRINCIPAL APPLICANT AND ALL FAMILY MEMBERS)

3. ACCOMPANYING CHILDREN'S ADDITIONAL INFORMATION

For Minor Child(ren) (Under Age 18):
If your sponsor is not the other legal parent of your child(ren), you must complete the Declaration from non-accompanying parent/guardian for minors immigration to Canada (IMM5604) form for each child and submit a copy of an identity document for the parent who signed the declaration. The parent's signature must appear on the identity document.

If you are divorced or separated, you must also include a copy of any related custody agreements demonstrating that the child is free to move to Canada. If the other parent is deceased, provide a copy of his/her death certificate.

Important: If you are unable to provide documents showing that your child's other parent has no objection to your child's immigration, you must provide a detailed explanation

Spousal Sponsorship Checklist:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5533e.pdf