Proof of custody question

Old Jun 11th 2009, 9:13 pm
  #1  
Perfer et obdura
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Default Proof of custody question

Hi folks,

I'm applying for immigration in FSW class 1, got my 120 day letter at the end of March and about to complete the last of the documents.

My situation is this: my 8 year old son and I will be going, but my husband is not included on the application as he does not intend to follow us at any stage. However, he agrees to us going, no disputes there.

I just contacted my notary about proof of custody and the statement that I can remove my son from the jurisdiction of the local court. He says that custody can only be awarded to me solely by court ruling, unless we are already divorced (which we aren't and won't be until after I go to Canada). However, this is not what I had in mind - my husband agrees to let me take son to Canada but wants to retain joint custody should son decide to go back and live with him later.

My question is, do we really have to go through all this court business, or would it be sufficient if my husband provided a notarised declaration that he is willing to allow me to take our son out of the country?

Many thanks in advance for your help
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Old Jun 11th 2009, 10:42 pm
  #2  
Perfer et obdura
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Default Re: Proof of custody question

Originally Posted by joycejimi
Hello Anglogerman,

I am a single mum to a 13-months old baby girl (I was never married to her dad, just in a relationship with him, which I hope will lead to marriage in the future) and her dad was never included in my application. When I received my 120 days letter, all I did was get a letter from my baby's dad giving me permission to take his daughter out of the uk should in-case I am granted the visa. The letter was signed by him and I also got a copy of his ID as a prove that the letter was from him. In this case, he gave me a copy of his passport (the biodata page). The letter was not notarised (was not willing to spend anymore money for notarising any document) but I guess it was accepted by CHC London, as I have just completed medical for myself and my daughter. You can do the same if you want.

Also, you can search through CIC website for a template to use to draft the letter. I saw some templates for such letters at the site but unfortunately, i dont have the link. I hope this helps but if you need more clarification, contact me, then I can explain further.

Thx
Joycejimi
Wow - thank you Joyce, that's brilliant! I'm so glad to hear this, because I'd probably have to chuck the whole plan if they insisted on documents from court...
The very best of luck to you!
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