Jerseygirl

The problem is if the OP did manage to get the child into Canada and the father found out. He could force the child to be returned to the UK until a lengthy custody battle was over. If the OP wished to stay in Canada that could jeopardize residency or citizenship applications. Even if that didn't happen...if the OP applied for PR wouldn't removal without the legal consent of the father then raise its ugly head?

Siouxie

If the OP wanted to apply for PR they would be required to show proof that the other parent agreed to the permanent move abroad. See the document checklist and attachment.

Jerseygirl

That's what I meant...could be tricky explaining that the child was brought into Canada without the father's permission in the first place.

MillieF

This is where the shit hits the fan. Had the OP not asked, she could have claimed confusion...now she has asked, but may still be thinking of doing it anyway! Would we all go for the 'proper' solution? I don't know? She's waited for a while now? I am glad I don't have to decide.

castra

Some years ago, my ex partner (Canadian) and myself crossed the border from BC into Idaho for a short three day trip. We were accompanied by her two kids from her previous marriage.

Despite generally being a douche, her ex finally got around to scrawling a note. It was an illiterate piece of drivel that looked like it had been written by a drunken spider!

The guard at the gate gave it a long hard bemused stare, handed it back and waved us through. He probably assumed anybody doing a non notarised forgery would have made a far better effort.

Jerseygirl

It's already been said that the OP may be able to enter Canada with the child circumventing the law. I presume as she has a student visa...that she intends to settle in Canada. If so it will come to light that she knowingly and willing brought the child into Canada without the father's legal position. That would then jeopardize those plans.

ascouser

“presume nothing”
― Arthur Conan Doyle, The Hound of the Baskervilles

Thank you all for your considered opinions and second guesses about my situation and thank you also who supplied the actual experiences. As I said previously I know what the law is and I have considered my options - I will take it from here.

castra

Well quite: If the OP were to tell a porky or suffer temporary amnesia to any questions at border control, chances are she could 'circumvent' the law. Very high risk though and should she get called out, the consequences would be dire and long term. As Clint once said: "Are you feeling lucky today"?

Asking the question now when (if I remember correctly), their travel plans are for the end of August, is rather leaving such a critical matter to the very last minute and leaves no time whatsoever to get the matter sorted legally.

To the OP. My view for what its worth: Get your skates on and start getting it sorted. Certainly worth investing some pennies on specialist legal advice.

Almost Canadian

I would hazard a guess that most drivers disobey the speed limit when driving their vehicles every day without being convicted of speeding because a) no police are around, or b) if the police are around, they exercise discretion.

I am a family lawyer in Canada. You would wince at how much money some of my clients have to fork out when their "My friend did it without any issues, so I tried to do it too" attitude doesn't work.

MillieF

We don't know who the hell you are...will you promise to come back and tell us all how it all goes...eventually. Very best of luck