Does anyone have experience of dealing with ex's having immigrated?
Our visa applications are advancing and at some stage, probably after xmas we are going to have to tell Kate's ex husband of our plans to go. We don't know how he will react but do expect it to end in a court case.

Anyone with similar tales to tell, tips and advice?
I know that every case is different but I would like to know about costs and time scales.

Have you searched the archives? I remember some threads about an ex-husband or -wife would had to sign some papers in order to let the children move to Canada. If Kate doesn't have any children (with her ex) then, I think, there wouldn't be too much problems.

I have assumed there are children: to be blunt - you are being very unwise to even waste your time applying without the legal stuff in place, if there are kids involved. The ex involved will have EVERY legal right to refuse permission for the children to go and then you will have no real recourse - your application will stall and everyone will be bitter and angry. Myself and another poster have been through this - and if the ex decides to fight you in the UK, you will lose. It is rarely deemed in the child's best interests to remove a child from a biological parent. What you two want is irrelevant - if he had children with your current partner then he has way more rights than you currently do as a couple. Sorry - but delaying telling him is the last thing you should be doing. Getting him to agree and sign away his rights will be a long journey, and if he has a good lawyer he will not allow you to leave with his kids. You never know, he may agree, but more and more UK lawyers are aware of the fact that you have to demonstrate that living in Canada will provide a better life and education for the children (not a better life for you) and that their best interests are being met by the move. In most cases, it is not the case, as his access will be frustrated by the distance and there is some argument as to the standard of living being better. Check out UK law school libraries for precedent cases if you are up to reading the stuff....Canadian law courts in general rule against the parent wishing to move unless the biological parent agrees, or there is some risk to the children posed by the biological parent. The bottom line is that this is his child or children. Costs = think in terms of at least 8k if you are planning on a court appearence or two. Remember that he can also appeal, and CIC will not process the final stages of the application until the appeal is final.

Yeah,
I am aware that the whole process is going to be very painful.
The whole situation is complicated. I applied for my visa 3 1/2 years ago when I was single.In the mean time I have settled into a relationship and got married. I was informed that I was granted my visa 2 weeks ago. Now my wife has to apply as part of my application before the visa is to be issued.
She has to daughters from a previous marriage. Nothing was ever said to the ex, or our daughters for that matter, as at the moment nothing is definate. I did not want to upset the apple cart prematurely by saying 'We're off to Canada, oh no wait a minute, we're not'
Now things are a bit more cast and the whole cart is to be tuned upside down and thrown in a ditch!
We have known for a long time that some tough choices were to be made.

I had viewed the archive but couldn't find anything, so please don't groan for repeating an oft discussed thread.

A lot of the nitty gritty was talked about via PM - this is a very emotive subject with ex's and current partners viewing the forum, so we took it off the forum to discuss. All I can say is tell him now what you are thinking. The girls may surprise you and not want to go - what I have seen happen is that the kids come here and hate it...causes problems in the relationship then as the kids want to go home where things are a little more ahead of the times. Depends on the age of the girls, of course. They could also love it - but either way the point is moot is the ex refuses permission for his children to go. I face the "ex" issue daily - and the laws are more draconian here than in the UK. I wish you all luck; but please try and settle the waters now before you go so far down the road only to have your dreams shattered.

Their views are the most important of all to us as it is all about giving them a better life as well.
We are coming out to Toronto in the New Year when we will tell them our plans and then ask them to think about it. Then they can look at Canada as a possible place to live rather than a holiday destination. If they are adamant they don't want it then we will have to revise our plans.

I don't want to get your hopes up, but I do have an absolutely true story. This happened at the last law firm I worked at. The parents got divorced and the mother got custody of the one daughter. At the time they all lived in Regina. In due course, the mother met a man on the Internet. The man lived in Edmonton and the mother applied to move to Edmonton with the daughter, even though the father would continue to live in Regina - and it was granted. Didn't matter that the Dad would have a much more difficult time visiting his daughter.

In due course (and I repeat - this is absolutely true) the mother and the man in Edmonton split up and some months later the mother met another man on the Internet. He lived in some small town in New England. Again they went to court and again - the father lost. The mother got to move to New England with the daughter.

I left the law firm about three years ago - but lord knows where the mother is now and how many more men she has met on the Internet and chased somewhere on the globe!!

I think its totally ridiculous and it just proves my point that judges are a bunch of old fuddy duddies that are just about always on the side of the mother - no matter what!!

You seem to be on the case already - but you cannot land in Canada as a single if you're now married. CIC need to amend your application to include your new family unit.

Concerning the legalities of moving your kids out of the UK: It may depend on what the divorce documentation says about custody/access and what CIC require. Can't speak for Canada, but for Australia the concern of the immigration authorities is to ensure that *UK* (or whatever the country of residence is) law is observed when children migrate.

If ex will give consent then it's not a problem. If ex does have legal rights and won't give consent, then you need a court order. Not a do-it-yourself job - speak to a UK solicitor dealing in family law to discuss the prospects. It will depend on things like children's ages, the quality of the relationship with the other parent, and their own views if they are old enough.

You should also speak to a good Canadian immigration consultant or lawyer to understand *exactly* what CIC will require to issue you with visas. Ask on the immigration forum.

Also consider the moral point - if the children have a good relationship with the ex, is it a good idea to remove them to Canada? In some cases holidays can compensate for distance, in others that's not the case. The latter is more likely to be true for younger children.

Jeremy

Not always. All I can say is that I feel very sorry for the daughter in your example.

Hi there,

I was going to comment, but Dingbat's replies were excellent!

But there is a yahoo group where you might want to check out and/or ask the same question... it is a group that focusses on spousal immigration to Canada, but the custody etc issue often crops up.

http://groups.yahoo.com/group/canadian_immigration/


Good luck

Clare

Hi pincher

Coming from a mother who had to do pay £3000 legal fees plus did most of the documentation for the lawyer myself I can agree with dingbat. I did all this before even appling to CHC because I presumed it would be a big draw back if we had not sorted it before applying.

CIC will without doubt require the paperwork for the children, the permission to take the child/children to Canada documents will need to be provided plus any possible divorce papers (if applicable). I have a court order allowing this but some people have managed to get just a agreed certified document between parties.

It must work because we due to land in Calgary next month.

Yes I know I best wrap up!!!!! :scared: but better late than never

October is a good time to arrive ... it's not that cold yet and you'll get a chance to adapt a bit before winter hits.

hi Galswegian

I hope so!! :scared:

I have read all your advice & info for a while, thank you for all your very useful advice (and everyone else). hopefully the landing and first few days/months/years won't be too bad??

Any advice is much appreciated

I am in the process of looking into this as I was devorced 8 yrs ago but on my papers doesn't advise access my daughters father hasn't seen her or contacted her for 8yrs she knows all about him as my new husband was going to adopt her but I am unable to trace him and now we are due in Canada in January. I have contacted a lawyer in the uk and she said as long as the court rules for sole custody which she feels they will I have no problems. I was also told (WHETHER THIS RIGHT NOT SURE) but children under the age of 12yrs who are in sole custody of which ever parent, can not refuse permission. I think my situation is slightly easier as no contact has been made and she is known by our family name and her passport is in our name. I am due to see my lawyer next week again so will double check, but I also put a question on here a few months back and an imigration officer said there were ways to work with it. Good luck hard situation and I'm sure your not just moving to Canada for you but the great life and opportunities it offers our kids.

Sole custody does not affect your ex husband's access rights - your ex still has those unless he has been deemed as having terminated his parental rights by either consent or abandonment. You have to go through a whole rigamarole of placing ads in papers in his last known place(s) of abode before you can be deemed to have "made all reasonable attempts" to contact your ex. It is not actually that hard to find someone - all you need is is his bank or his National Insurance Number and your solicitor can find him. "Soft" i.e. unofficial credit checks yield the same information. Without the safeguard of having all your ducks in line as it were, your ex can really mess things up in Canada for you. Children under 12 can be deemed to have the capacity to express their wishes. This is done informally by a judge or your ex (if he reappears) can request that they be asked. You having sole custody has nothing to do with it, unfortunately! Best of luck.