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Hello, my wife and I are in the process of emigrating to Canada.

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

Hello, my wife and I are in the process of emigrating to Canada. My wife has 2 children from her prevoius marriage and we have 1 together. I've applied to adopt my step children but their biological father is contesting and i'll probably only be awarded joint parental responsibility. Can you please tell me if canadian immigration will block our application on that basis and what other options would be available to us?
Many thanks, XXXXX XXXXX

 

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State/Country relating to question: Canada

Submitted: 1028 days and 23 hours ago.
Category: Canada Law
Value: £28
Status: CLOSED
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Expert:  Debra Thal replied 1028 days and 23 hours ago.

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debra thal :

You do not need to adopt your step-children.

But your spouse has to have consent of the father and custody and must be able to prove this to immigration.

Customer :

Thankyou for your answer. As yet, the father is not happy with the children going away. Can the courts give us permission without? The father has little or no contact with his children and the emigration is only a small reason for the adoption.

Customer :

Thankyou for your answer. As yet, the father is not happy with the children going away even though he has little or no contact with them. If I attain full adoption or even parental responsibility, can we still move the children abroad?

debra thal :

I only know the law in Canada.

In Canada the Courts can make Orders about custody and access and about the right to move a child out of the jurisdiction. The Court would base it's decision on the best interests of the child.

In your case your spouse will have to retain a lawyer in your home jurisdiction to get some advice and possibly some assistance with respect to getting an order there.

Canada Immigration will respect that order.

debra thal :

I have received a notice that indicates that you've posted a reply. Unfortunately, the reply did not post.

Can you try again please?

Customer :

Unfortunately, this advice does not answer my question and, as such, I cannot accept your answer.

debra thal :

What question do you not feel is answered?

I thought I did answer all questions relating to the law of Canada. I do apologize if I've missed something.

 
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