"Regarding children"

Old Jul 8th 2008, 11:57 am
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Default "Regarding children"

Hi ..I am hoping to start the process of moving to Canada soon to be with my fiancee ..he currently lives in TO but we will be moving to BC ..a close friend of ours who passed away recently left us her house in Vancouver as she knew it was where we wanted to be and would be a start for us! ..He does own a property in TO jointly with his brother but they are going to sell that and share any profit so he can use his towards our new home etc..My question is ..i have 2 children 11 and 5 ..am divorced and we have no contact with their father ..no address is known ..will i still be able to travel and enter Canada with them or do i need some sort of documentation from him ..which is frankly impossible seing as no one knows where he is !!
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Old Jul 8th 2008, 1:55 pm
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Default Re: "Regarding children"

Originally Posted by Myaf
Hi ..I am hoping to start the process of moving to Canada soon to be with my fiancee ..he currently lives in TO but we will be moving to BC ..a close friend of ours who passed away recently left us her house in Vancouver as she knew it was where we wanted to be and would be a start for us! ..He does own a property in TO jointly with his brother but they are going to sell that and share any profit so he can use his towards our new home etc..My question is ..i have 2 children 11 and 5 ..am divorced and we have no contact with their father ..no address is known ..will i still be able to travel and enter Canada with them or do i need some sort of documentation from him ..which is frankly impossible seing as no one knows where he is !!
Do a search on the Immigration part of the forum. There are extensive threads on this subject. Simply put, if your ex has PR or is entitled to it, regardless of whether he is in contact, you will need his permission to remove the children from the jurisdiction (UK).
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Old Jul 8th 2008, 2:49 pm
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Default Re: "Regarding children"

Originally Posted by dingbat
Do a search on the Immigration part of the forum. There are extensive threads on this subject. Simply put, if your ex has PR or is entitled to it, regardless of whether he is in contact, you will need his permission to remove the children from the jurisdiction (UK).
Hmmm ... I get the impression that, while the original poster's fiance is Canadian, her ex is British. I don't see any suggestion that her ex is a PR of Canada.

Myaf, if I remember correctly, Piff Poff went to a lawyer and got him to write up a statement of fact, which she signed, to the effect that she didn't know where her child's biological father was, that there had been no contact for yonks, and that kind of thing. Citizenship and Immigration Canada (CIC) accepted the statement of fact in that particular case. See the thread entitled Natural Fathers Consent.

In post #88 of the long thread entitled Letter of consent from bio.Father, Lisa stated:
We contacted our Immigration Consultant who advised obtaining a sworn Affidavit declaring that I am the childrens' sole guardian and that no application is currently before the Family Courts by the bio father for access / custody or guardianship (which there isn't) and a letter from my Solicitor explaining Irish Law and how it relates to my situation.
From what I've seen of these threads, it depends when the child was born (because apparently the law changed somewhere along the way), it depends on whether or not the parents were married, whether or not the father shared custody with the mother, whether or not the father ever had any involvement with the children and so on.

I'm talking here about British law, whereas I think dingbat was looking at it from the point of view of Canadian law.

As you'll see from the discussion threads about this topic, CIC often asks for something that is difficult (indeed impossible) for a British parent to provide. Therefore, the applicant has to find a compromise that is feasible in the UK and that CIC will accept.

The good news is that several members of this forum have accomplished that feat.

You can get some idea of how it all works if you read the Letter of consent thread.

This really is an immigration issue. You have a better chance of getting a response from the experts if you post this kind of question in the Immigration forum. I'll ask the Moderators to move the thread for you.

Hope that helps.
x
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Old Jul 8th 2008, 3:05 pm
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Default Re: "Regarding children"

Originally Posted by Judy in Calgary
Hmmm ... I get the impression that, while the original poster's fiance is Canadian, her ex is British. I don't see any suggestion that her ex is a PR of Canada.

Myaf, if I remember correctly, Piff Poff went to a lawyer and got him to write up a statement of fact, which she signed, to the effect that she didn't know where her child's biological father was, that there had been no contact for yonks, and that kind of thing. Citizenship and Immigration Canada (CIC) accepted the statement of fact in that particular case. See the thread entitled Natural Fathers Consent.

In post #88 of the long thread entitled Letter of consent from bio.Father, Lisa stated:
We contacted our Immigration Consultant who advised obtaining a sworn Affidavit declaring that I am the childrens' sole guardian and that no application is currently before the Family Courts by the bio father for access / custody or guardianship (which there isn't) and a letter from my Solicitor explaining Irish Law and how it relates to my situation.
From what I've seen of these threads, it depends when the child was born (because apparently the law changed somewhere along the way), it depends on whether or not the parents were married, whether or not the father shared custody with the mother, whether or not the father ever had any involvement with the children and so on.

I'm talking here about British law, whereas I think dingbat was looking at it from the point of view of Canadian law.

As you'll see from the discussion threads about this topic, CIC often asks for something that is difficult (indeed impossible) for a British parent to provide. Therefore, the applicant has to find a compromise that is feasible in the UK and that CIC will accept.

The good news is that several members of this forum have accomplished that feat.

You can get some idea of how it all works if you read the Letter of consent thread.

This really is an immigration issue. You have a better chance of getting a response from the experts if you post this kind of question in the Immigration forum. I'll ask the Moderators to move the thread for you.

Hope that helps.
x

PR = Parental Responsibility in the UK. Totally different issue. I did not misunderstand at all.
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Old Jul 8th 2008, 4:35 pm
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Default Re: "Regarding children"

Originally Posted by dingbat
PR = Parental Responsibility in the UK. Totally different issue. I did not misunderstand at all.
Thanks for the clarification, dingbat.
x
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Old Jul 8th 2008, 9:18 pm
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Default Re: "Regarding children"

Hi,

We had a similar thing happen to us when my hubby's ex wife tried to take his young daughter across the border to Scotland. To cut a long story short she couldn’t do this without hubby's consent and if she did she would have been arrested for child abduction, bit extreme i know but there it is.
We also found out that if you can prove that said elusive father is nowhere to be found then rite of passage is given to the mother through the court. The lawyer will give you info on how to prove he has not been in contact for over 3 yrs i think it is, but dont quote me on that. talk to family law, they are not all scarey and in your case i think its best to.

http://www.purcellsolicitors.co.uk/d...?page=meetteam

This is a link to the most fantastic family lawyer i have ever come across and with 2 divorces under my belt i've met a few.

Good luck,
lil puddin and co
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Old Jul 9th 2008, 12:58 am
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Default Re: "Regarding children"

Thanks for that information ..how do i stand if we just want to go for a holiday 1st before actually moving there ..i`d like to take the girls for a visit ,so that get an idea of where we will be etc..do i still need his consent for that or is a short stay different ?
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Old Jul 9th 2008, 5:33 am
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Default Re: "Regarding children"

Hi

Originally Posted by Myaf
Thanks for that information ..how do i stand if we just want to go for a holiday 1st before actually moving there ..i`d like to take the girls for a visit ,so that get an idea of where we will be etc..do i still need his consent for that or is a short stay different ?
Yes
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Old Jul 9th 2008, 5:40 am
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Default Re: "Regarding children"

Originally Posted by Myaf
Thanks for that information ..how do i stand if we just want to go for a holiday 1st before actually moving there ..i`d like to take the girls for a visit ,so that get an idea of where we will be etc..do i still need his consent for that or is a short stay different ?
When a parent is travelling alone with his/her children, he/she needs a letter of consent from the other parent. This is true even if the parents of those children are married, and even if the trip is just a holiday.
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Old Jul 9th 2008, 9:25 am
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Default Re: "Regarding children"

Originally Posted by Judy in Calgary
When a parent is travelling alone with his/her children, he/she needs a letter of consent from the other parent. This is true even if the parents of those children are married, and even if the trip is just a holiday.
x
Really? I have a friend who is divorced and regularly takes her kids abroad without a letter of consent from the father. I have never heard of this, is it a Canadian requirement? Not that if affects me, just being curious.
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Old Jul 9th 2008, 9:35 am
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Default Re: "Regarding children"

Originally Posted by bex1
Really? I have a friend who is divorced and regularly takes her kids abroad without a letter of consent from the father. I have never heard of this, is it a Canadian requirement? Not that if affects me, just being curious.
Yes. See Canada Border Services Agency's web page entitled Travelling with Children.
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Old Jul 9th 2008, 11:07 am
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Default Re: "Regarding children"

Originally Posted by Judy in Calgary
When a parent is travelling alone with his/her children, he/she needs a letter of consent from the other parent. This is true even if the parents of those children are married, and even if the trip is just a holiday.
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Not needed under U.K. law for vacations less than a month, normally.

Of course, what Canadian law (or unwritten policy) demands is another matter.
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Old Jul 9th 2008, 3:47 pm
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Default Re: "Regarding children"

Myaf,
I have travelled to Canada several times on my own with my son, who is now 8 and only been asked for a letter from my husband once. They asked for it at check in, in the UK, they ummed and arrd a bit and told me I may have problems at the other end, when I got to Canada. I took the chance that time as my husband was meeting us off the plane at Calgary, but was never asked for it on landing. I have had a letter in my passport ever since, but never had to show it. Better to be safe if you can.
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Old Jul 9th 2008, 7:53 pm
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Default Re: "Regarding children"

Better to cover all bases as " Sod's law" usually applies in these cases!!

I have taken my kids abrooad without hubby before and have never been asked - never took a letter as to be honest I didnt know I needed one until I came on here.

Will definately get on in the future just incase
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