Legal Question in Family Law in Guyana

My daughter is 11 years old. Her father name is not on her birth certificate. He is not actively involved in her life. I plan on migrating to Canada soon. Do I need to get a legal document (Court order) to show that I have full custody of her? What proof, besides her birth certificate can I use to show IRCC?


Asked on 4/13/18, 5:11 am

1 Answer from Attorneys

Canada has distinct rules in relation to Guyanese citizens migrating to Canada and there has been a newer version of the Immigration Rules which the Department has implemented as of Jan 2018 in relation to Guyanese citizens migrating to Canada. The fact that the child has only you, the mother, as the stated sole parent in her birth certificate, this seems to suggest that the Canadian Authorities may not require any other document except a visa and a valid passport so whether you are traveling with the child with a Court Order or not, would not appear to be of any use and therefore an unnecessary expense. A court order would pose extra expenses during your migration to Canada, and since it may not be required in your case, as you are the mother and therefore have the legal and automatic right to accompany your child to Canada, you should consider what is prudent for you to do, but if you prefer to have a court order granted by a Judge of the High Court, you are surely free to do so by retaining an attorney at law who can tender such an Ex-Parte Summons with an Affidavit sworn by you detailing the facts concerning your migration to Canada and the Order you seek with respect to travelling with your child out of the jurisdiction of Guyana.

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Answered on 4/14/18, 4:14 pm


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