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Immigration to Canada done but custody of children still an issue....help

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Curious88

Junior Member
What is the name of your state?What is the name of your state? TN

I just received my letter that my immigration has been completed and the Canadian Consulate is ready to issue my visa. The problem is that I have two children that I want to take with me (the ex and I currently have 50/50 shared residential custody and everything else) and the consulate is asking for their passports. I don't have passports for them and the ex knows that I want to move to Canada to be with my husband. He fights tooth and nail on everything and he will fight against me getting passports for the kids to submit to the consulate. I had to take the ex to court to get a court order that states I can travel with them whenever I choose. I do have that letter now.

The issue is:

1. Will the Canadian Consulate grant my visa and hold the kids until a custody fight is over?

2. If they do put the kids on hold, how long would they wait?

3. How long will I have to move before my visa expires? I need to go through a custody fight first before I leave.

4. Would the US Passport office use my court order to issue passports without the ex's permission??

Please know that I do NOT intend on "fleeing" with the children. I just want the visas issued so I can start custody proceedings.

thanks.
 


Indiana Filer

Senior Member
Curious88 said:
What is the name of your state?What is the name of your state? TN

I had to take the ex to court to get a court order that states I can travel with them whenever I choose.
There is a big difference in traveling with the children and moving them to another country. You will need to get permission from the court before you can MOVE your children to another country. Your ex may become the custodial parent if you continue with your plans to immigrate.
 

AHA

Senior Member
Curious88 said:
What is the name of your state?What is the name of your state? TN

I just received my letter that my immigration has been completed and the Canadian Consulate is ready to issue my visa. The problem is that I have two children that I want to take with me (the ex and I currently have 50/50 shared residential custody and everything else) and the consulate is asking for their passports. I don't have passports for them and the ex knows that I want to move to Canada to be with my husband. He fights tooth and nail on everything and he will fight against me getting passports for the kids to submit to the consulate. I had to take the ex to court to get a court order that states I can travel with them whenever I choose. I do have that letter now.

The issue is:

1. Will the Canadian Consulate grant my visa and hold the kids until a custody fight is over?

2. If they do put the kids on hold, how long would they wait?

3. How long will I have to move before my visa expires? I need to go through a custody fight first before I leave.

4. Would the US Passport office use my court order to issue passports without the ex's permission??

Please know that I do NOT intend on "fleeing" with the children. I just want the visas issued so I can start custody proceedings.

thanks.
The consulate won't issue visas to move out of the US for your kids until you can provide documents that states that the father is agreeing to them moving to another country. They are VERY specific about that.
 

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