AhmadQ

Hi,

I just found in the documents checklist for London visa office that;

“If the children will not accompany you to Canada, proof that you have fulfilled any obligation stated in custody agreements”

And as I have two children from previous marriage who will not accompany me to Canada, then should I provide any documents about this? as my children are under the custody of their mother by law (Jordan) and there are no agreements in this regard.

The document link: http://www.cic.gc.ca/english/pdf/kits/guides/E37023.pdf

Thanks
Ahmad Abdelqader

bewillow

Maybe you can get a letter from your wife saying that you have no obligations with respect to the children and she has sole custody of them. You could have it notarized by the Canadian embassy in Amman.

AhmadQ

Thank you "bewillow" for your reply, actually it is very difficult or may be impossible to get such letter from my wife.
So I would like to ask if providing such documents is optional or it is a must?
---

Zoe Bell

be aware that this could get tricky for you.

As far as I know , even non accompanying dependents need to undergo a medical. So if contact is problematic , you need to prepare for this.

Try doing a search for non accompanying dependents to find other people who have overcome this obstacle

AhmadQ

Yes, you are right.
Actually I already looked thoroughly about this issue and I found that; in case I cannot do medicals for my non-accompanying children then I have to provide a statutory declaration signed by me and notarized by a notary public, states that my children will not be able to immigrate under Family Class immigration and they should meet all immigration requirements in case they want to immigrate to Canada.
I think this "statutory declaration" will be enough to solve this issue, is this right?

Experts (specially PMM); if anybody has different opinion please correct me.

JAJ

If Jordanian law has really severed your custody/access rights, then you should provide some evidence of this. Your own account may not necessarily be accepted.

Siouxie

Was the custody arrangement legally entered into and was it under judicial law or Muslim law? The reason I ask is that you said they were in the custody of your ex mother-in-law, under Muslim courts custody appears to revert to you if this is the case.

I found this on another website:

http://www.international-divorce.com/ca-jordan.htm

In both theory and practice, Muslim and Christian courts in Jordan differ very little in how they resolve disputes over the custody of children of divorced or separated parents. The relevant laws all give priority for custodianship to the mother as long as certain restrictive conditions are met. In Muslim courts, this right of custody extends to the natural mother until the children reach 18years of age. In cases where custody of small children is granted to a woman other than the mother, custody reverts to the father when a boy reaches age nine and a girl reaches age eleven. Christian courts will generally award custody to the mother until the children come of age.

In actual practice, the conditions placed on the mother's primary right to custody often enable the father to maintain a great deal of influence on the rearing of the children even though he may not have legal custody. For example, travel restrictions exist in Jordan. The mother must seek the fathers approval to travel with the children. Frequently, he is actually able to assume legal custody against the wishes of the mother, when she is unable or unwilling to meet the conditions set by law for her to maintain her right to custody of the children.

A mother can lose her primary right to custody of a child in a number of ways. The court can determine that she is incapable of safeguarding the child or of bringing the child up in accordance with the appropriate religious standards. The mother can void her right to custody by re-marrying or by residing in a home with people that might be "strangers" to the child. The mother may not deny visitation rights to the father or the paternal grandfather and may not travel outside Jordan with the child without their approval and the approval of the court. In general, a Jordanian man divorcing his non-Jordanian wife will be awarded legal custody of their children by showing that any of the above conditions may not be met to the satisfaction of the court.

Custody orders and judgements of foreign courts are not enforceable in Jordan if they potentially contradict or violate local laws and practices. For example, an order from a U.S. court granting custody to an American mother will not be honored in Jordan if the mother intends to take the child to the United States and live outside of Jordan. Nor will Jordanian courts enforce a U.S. court decree ordering a parent in Jordan to pay for child support since Jordanian law states that the parent with custody is responsible for providing financial support for the child.

~~~

It did state that child support was to be paid by the person who has custody... but I think you need some legal advice to ascertain and confirm this, if necessary also in a letter to CIC to prove that you have no obligations regarding their financial support (which is what they are also asking for proof of - or any arrangements made), as you cannot be in support arrears when applying for PR. You will also need confirmation that you do not intend to seek custody if this was dealt with under Muslim laws, and as you stated, provide a statutory declaration to CIC as well.

I think obtaining legal advice (with a lawyer who has knowledge of Jordanian laws) would be advisable.



Edit: See also this text: www.reunite.org/edit/files/.../JORDAN%20text.pdf