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Dec 14, 2019
8
0
Hello,

I am in the process of obtaining PR for myself and my son. I am doing so through spousal sponsorship with my Canadian Husband. I arrived first, my son stayed in Vietnam with my parents while I studied and set about getting Status. When I divorced my husband in Vietnam, I was granted sole custody of my son.

IRCC has sent my a request for a Declaration IMM5604, asking for my ex-husband's consent in front of a notary to bring my child here. I am certain he will not co-operate. Is there any way to bring my son here without this declaration? Does my status as having sole custody affect this in any way?
 
I'm not an expert but I believe you do not need his consent if you can prove that the courts have indeed given you sole legal custody.
 
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