Spouse sponsorship, minor child

[Scandinavian]

I have one question..I have a 15 year old son, for whom I have full custody, i.e I may decide for
his future etc without asking his father (Finnish law). When we are about to apply (sponsorship by Canadian spouse)
for immigration do I still need a permission from his father to move to Canada..? Or shall I ask for a certificate from a lawyer testifying
that I have full custody and that´ll be enough? ???

 

[Kedeisha]

I believe even though that is Finnish law unless u have a custody agreement thats says u have full custody not just he lives with the mom so she automatically gets it u will need for him to sign the form saying he gives permission for his child to travel to Canada

 

[Scandinavian]

I do have a custody agreement on paper..

 

[Kedeisha]

the paper agreement is enough once it was a court ordered agreement so u r good

 

[Stumpedmom]

In the agreement does it say anything about the father having access to the child?? I would suggest if at all possible just to cover all avenues, that if you can get the letter from the father, to get it....

If the father has access, CIC may require it either way....

 

[rjessome]

I believe even though that is Finnish law unless u have a custody agreement thats says u have full custody not just he lives with the mom so she automatically gets it u will need for him to sign the form saying he gives permission for his child to travel to Canada

Actually, CIC would "prefer" to see permission from the non-accompanying spouse but they can't refuse the child if the applicant is abiding by the law of the country that has jurisdiction in the custody issue. In Japan, non-custodial parents have practically NO rights regarding their children. I don't know about Finland but I know for Japan, applicants have immigrated successfully with children where no permission was granted from the other parent because they don't have any legal rights of custody or access.

 

[Scandinavian]

Ok, thank you all for responses. In Finland when having full custody, means that I can take the child abroad,
move, travel, make decisions about the child´s future etc without asking the father. And he would never sign a
paper to let my son leave, just for being vendective so hopefully the custody paper will be enough! :-[

 

[Kedeisha]

ok good now you can proceed easily i am glad for u