Does not have legal sole custody

[Jorocook]

hi....I'm an expat Canadian living in the Philippines. My Filipino wife and I want to leave the Philippines and move back to Canada. She is annulled from her first husband, a British citizen, and has a 13 year old daughter with him. He is an absentee father that has had no contact with the daughter for past 6 years and refuses to pay child support. He recently signed a document through our lawyer giving my wife sole custody but nothing has been filed in the courts to make it official. Court cases in Philippines can take years so we are wondering if this is going to pose a problem returning to Canada. Her daughter has a British passport and I'm sure the father would agree to sign IMM5604 as the non-accompanying parent. Thanks

 

[canuck_in_uk]

hi....I'm an expat Canadian living in the Philippines. My Filipino wife and I want to leave the Philippines and move back to Canada. She is annulled from her first husband, a British citizen, and has a 13 year old daughter with him. He is an absentee father that has had no contact with the daughter for past 6 years and refuses to pay child support. He recently signed a document through our lawyer giving my wife sole custody but nothing has been filed in the courts to make it official. Court cases in Philippines can take years so we are wondering if this is going to pose a problem returning to Canada. Her daughter has a British passport and I'm sure the father would agree to sign IMM5604 as the non-accompanying parent. Thanks

Hi

As long as he signs the IMM5604, there is no issue.

 

[Jorocook]

Thanks....and if he doesn't sign the IMM5604 can she enter on a British passport as a tourist?

 

[canuck_in_uk]

Thanks....and if he doesn't sign the IMM5604 can she enter on a British passport as a tourist?

If he doesn't sign the form, your wife needs legal custody from the courts for the child to immigrate. Depending on what this document he already signed says, it may be acceptable in place of the IMM5604 but no guarantees.

Generally, children arriving with one parent should have proof of permission from the other parent or sole custody. Again, depending on the document he already signed says, it may be acceptable if CBSA asks questions at entry.