Child immigration consent

[Tunapiano 9]

So I recently filed and got my NOA 1. My fiance and I were wondering, her son has never met his father, he's never paid child support on the court order in Canada and according to the laws in Alberta is considered an abandoned child. She does have a order from the court saying she can travel with her son. 

 

Would she still need a consent letter from his dad after 9 years? 

[Ontarkie 14,280]

 This is a sticky one because in Canada it's very hard to take away the bio parents rights. Sole custody in Canada is also not the same in the US. Our sole custody is basically joint custody were one parent has primary custody and the other still gets visitations. Since you just started have her get a court order saying she can move the child to the US permanently. That is what I did and I had sole custody, Montreal asked for his consent but I gave them the court order. 

[AliRock2016 8]

For my daughter I gave my court order showing I had sole custody and that was enough.  If you can get a letter as well it would ease your mind.  I wasn't able to, and no no questions were asked.  I don't think consent to travel is enough.  You need something official outlining the custody arrangement. 

 

Good luck

[Jojo92122 1,924]

An order allowing her to travel with her son is completely different from an order allowing her to immigrate with her son to another country permanently.

 

You will need consent from the father or a court order allowing the child to immigrate to the US.