Divorcing and have just sponsored his children

[PeiSister]

Married three years. Husband is now a PR. He just talked her into sponsoring 4 of his children who are now living with her. He, the PR, has just left her and wants a divorce and is not giving her any financial support. What options are open to my sister? They are from Jamaica.

 

[scylla]

Is your sister Canadian? Was she the one who sponsored him for PR? If she sponsored him, when was the application submitted?

 

[frege]

Married three years. Husband is now a PR. He just talked her into sponsoring 4 of his children who are now living with her. He, the PR, has just left her and wants a divorce and is not giving her any financial support. What options are open to my sister? They are from Jamaica.

My understanding is that your sister lives in Jamaica with her four children. The father has become a PR on his own.

I don't know about Jamaican law specifically, but if your sister has custody, or joint custody, she almost certainly has the right to keep them there. That is, unless Jamaican law heavily favours the father.

Jamaica apparently hasn't acceded to the Hague convention, so if the father takes the children to Canada without her permission, there may be little recourse.

One option would be to allow the children to be examined medically, but not allow them to go to Canada now. In this case they could make the decision when they're older (but under 19) whether to immigrate to Canada or not. For now, she would inform the visa office that she won't be allowing the children to accompany the father immediately, even though she's cooperating with the medical exams.

If your sister really thinks it's better for them to come to Canada now, but you're worried her husband could stop them from seeing her, she could see a lawyer who could negotiate a binding agreement between them concerning visitation, etc. The lawyer would need to ensure the agreement was enforceable in Canada too, so this might involve a Canadian lawyer (or notary in Quebec). The questions of divorce and support could be agreed at the same time, I imagine.

Potentially, the children might be able to sponsor her to Canada when they're older.

If the family has the ability, perhaps they can help her get a lawyer when he files for divorce.

 

[PeiSister]

Sorry for the confusion. She is Canadian. She sponsored him from Jamaica, got married. He is now a PR. They both live in Canada now. She sponsored his mostly adult children and they are now living with her. He has since left the province and wants a divorce.

 

[costaudjoe]

Sorry for the confusion. She is Canadian. She sponsored him from Jamaica, got married. He is now a PR. They both live in Canada now. She sponsored his mostly adult children and they are now living with her. He has since left the province and wants a divorce.

When did she apply (before or after October 31, 2012)?

 

[QuebecOkie]

When did she apply (before or after October 31, 2012)?

I believe the change is for apps received on or after October 25.