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Is it not a felony to obtain Canadian passport for an infant

 
Debra Thal's Avatar
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Customer Question

Is it not a felony to obtain Canadian passport for an baby born outside Canada, by the Canadian father (naturalized Indian) without the consent of the mother, who is an Indian citizen, when the couple had been separated and the baby had never been to Canada - and what recourse the mother has to file a complaint against the father? This is necessary, because the child's Indian passport in jeopardy as Government of India do not allow dual passports! The couple had been divorced now and The father is harassing the mother, who is working in UAE, living there with the son, who is an Indian passport holder now. They have filed a complaint with the Canadian Consulate there, couple of months ago, but hasn't received any response yet!

Submitted: 316 days and 13 hours ago.
Category: Canada Law
Value: $59
Status: CLOSED
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Expert:  Debra Thal replied 316 days and 12 hours ago.


Debra Thal (username) :

It's not a felony to apply for the passport.

Debra Thal (username) :

But, if the father forged the mother's signature which is what he would have to do that is forgery and fraud.

Debra Thal (username) :

But the way to deal with this is through the Consulate who will review the application and see what he did.

Debra Thal (username) :

They will seek to have him charged if he committed an offence.

Customer : Does this mean that the foreign national has no recourse to file a case against her ex-husband through a lawyer in Canada in a Canadian court? The plaintiff in question hadn't received any response from the consulate in close to 2 months!
Debra Thal (username) :

No it does not mean that.

Debra Thal (username) :

You were asking about a criminal offence.

Debra Thal (username) :

The mother can sue the father for acting without her permission and putting the child's citizenship at risk

Debra Thal (username) :

And if the father did forge the mother's signature a lawyer in Canada could file a report with the police as well.

 
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