resident - can ex stop her now?

Old Jan 30th 2011, 5:01 pm
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Default resident - can ex stop her now?

My whole family, including my daughter and granddaughter, finally received residency in November 2009.

My daughter and granddaughter, however, are still in the UK, as my daughter still hasn't made up her mind about living permanently in Canada.

Anyway, the babies father obviously signed all the relevant docs regarding their move here, in order for their daughter to be able to immigrate, but seems to have changed his mind now.

Can he do this, now that his daughter is already a Canadian resident?
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Old Jan 30th 2011, 7:06 pm
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Default Re: resident - can ex stop her now?

Originally Posted by TheCanes
My whole family, including my daughter and granddaughter, finally received residency in November 2009.

My daughter and granddaughter, however, are still in the UK, as my daughter still hasn't made up her mind about living permanently in Canada.

Anyway, the babies father obviously signed all the relevant docs regarding their move here, in order for their daughter to be able to immigrate, but seems to have changed his mind now.

Can he do this, now that his daughter is already a Canadian resident?
I believe that once you have PR that is it - your sponsor cannot withdraw it.
But, I am sure it is true that once you have your PR you have one year to land and activate it and also you must spend a certain amount of time in Canada in a rolling 5 year period - I think it is 3 years out of 5 - you will find reference to it on this forum for the precise times. If your daughter stays in the UK, she will eventually lose her PR as she will not have spent the required time in Canada, so she should make her mind up if she does want to go and go sooner rather than later.
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Old Jan 30th 2011, 7:09 pm
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Default Re: resident - can ex stop her now?

Hi. We know our daughter only has a certain amount of time to make up her mind. That isn't the problem. We are working on her moving out here. There is also no sponsor involved.

It really is all about my granddaughter's father, who seems to not want to let the little one leave the country now, although she has Canadian residency already.
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Old Jan 30th 2011, 7:15 pm
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Default Re: resident - can ex stop her now?

Originally Posted by TheCanes
Hi. We know our daughter only has a certain amount of time to make up her mind. That isn't the problem. We are working on her moving out here. There is also no sponsor involved.

It really is all about my granddaughter's father, who seems to not want to let the little one leave the country now, although she has Canadian residency already.
Sorry, misunderstood your reference to 'here'.
The father has rights in law to his child, but what the arrangements were between you when he signed the forms is specific to your family circumstances.
I think this is something you would be best to consult a lawyer about.
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Old Jan 30th 2011, 7:34 pm
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Default Re: resident - can ex stop her now?

Who was the principal applicant? What visa route was she applying through?
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Old Jan 31st 2011, 1:57 pm
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Default Re: resident - can ex stop her now?

Originally Posted by TheCanes
My whole family, including my daughter and granddaughter, finally received residency in November 2009.

My daughter and granddaughter, however, are still in the UK, as my daughter still hasn't made up her mind about living permanently in Canada.

Anyway, the babies father obviously signed all the relevant docs regarding their move here, in order for their daughter to be able to immigrate, but seems to have changed his mind now.

Can he do this, now that his daughter is already a Canadian resident?

Whether he is able to put a stop to his daughter moving depends upon whether he currently has parental responsibility. If they were married, it is likely that he does; if they were not, it will depend upon when the child was born. If he doesn't, he will not be able to prevent the move unless he applies to the Court for parental responsibility and then persuades the Court that it is not in the child's best interest to go to Canada.

To sort all of this out, the easiest thing for the mother to do is to apply to the Court for permission to take the child to Canada. When making its decision, the only question the Court will ask is: what is in the child's best interest?

What has been the child's relationship with the father? Why has he changed his mind? What access provisions have been suggested? Is he prepared to take care of the child 24/7 if she remains with him? How old is the child? What does the child say about it all (and how old is she)?

It is impossible for anyone to accurately advise you on the basis of what you have posted above and, for what it is worth, legally, no parent has "rights" in relation to their child, only responsibilities.
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Old Feb 1st 2011, 12:51 am
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Default Re: resident - can ex stop her now?

Thank you so much for all your replies. I guess we might have to speak to a lawyer about all this. Thanks again.
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