Separated family:
instructions on how to immigrate a child to Canada

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Today, we zoom in on the expatriation of single or blended families in several stages.  

*To be qualified on a case-by-case basis, each separation sometimes displays its own particularities.

We will illustrate the process in 3 key stages: before departure, during the trip and after arrival:

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1. Before departure, the moment of decision making with the child and the ex-spouse

There are no miracle formulas, you must be able to communicate very early on about your expatriation project with all the parties involved. With your child, especially if he or she is old enough to understand the implications of a long stay abroad. And with his or her father or mother, no politically correct formulation can be established at the time of the announcement, it will resonate in a subjective way because it will induce great organizational changes for the child and the parents. Do not minimize this part and the apprehension of the parent who remains in France, it will allow you to find a consensus and facilitate the following steps.  

Whether or not there is verbal agreement from both parents, they must engage in legal proceedings in France. Indeed, in the contrary case and the consent of a competent court, the departure of the minor child could be considered as an abduction and actions would be undertaken via Interpol to repatriate the child to France. Therefore, the future expatriate parent must be advised by a lawyer who will refer the matter to the family court in your area. If you have to take up your new duties in Canada in the short/medium term and the date is approaching, your lawyer can make an urgent request (often count on 3 to 4 weeks before obtaining a writ of summons, once the documents supporting your case are submitted to the judge). This summons will be sent to the opposing party by hand through a bailiff.  

On the day of the hearing, you will generally be received by the JAF (Juge aux Affaires Familiales) and the clerk. The judge will first make sure that the expatriation context is well understood and will arbitrate a decision according to the child's interest. This means that the file must be solid and answer the questions that the French justice system may legitimately ask: does the expatriate parent already have a job or is he or she likely to obtain one easily? Also, has the expatriate parent made prior inquiries about schooling in the host country? The idea is to be able to contribute financially to the needs of the child, whether it be in terms of health, education or other important issues. The judge will feel the need to analyze the current custody and see if it does not totally unbalance the current rhythm and if this is the case, he will verify that each party is aware of it.  

A decision has been rendered and it concludes with a favourable opinion for your child's departure to Canada. The next step is to make this judgment final. In other words, your lawyer must send you and the other parent a deed of acquiescence that each party must be able to sign freely. This document allows you to waive your right to appeal the judge's decision.

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2. During the trip, gather all administrative documents

During the trip, no documents related to the child's immigration should be omitted.

They are numerous because the immigration officer will take special care to verify that the expatriation of your minor child has been carried out according to the rules imposed by the host country and the country of origin.

From France :

• If and only if your child is traveling alone or is not accompanied by one of his/her parents, you must fill out the Cerfa n°15646*01, entitled "Authorization to leave the country (AST) for a minor unaccompanied by a person with parental authority;
• Copy of the family record book ;
• Copy of the passport of the expatriate parent.

Upon arrival in Canada :

• Copy of passport and letter of consent from non-expatriate parent;

• A copy of the passport and a letter of consent from the expatriate parent (if the child is traveling alone or with a family member other than the father or mother), including information about the person accompanying the minor child;
• Family record book;
• The Cerfa n°15646*01, if necessary;
• The child's birth certificate;
• The copy of the judgment rendered in France;

• The acts of acquiescence of the father and mother making the judgment final and therefore waiving the right to appeal against the said judgment;
• Proof of health insurance coverage for the child that covers the duration of the stay;
• ArriveCan receipt, if applicable to show whether or not your child is vaccinated against Covid.

At the end of this trip and if everything is in accordance with the documents transmitted, the Canadian government will approve your child's application to stay in Canada as a temporary resident. A visitor's card will then be given to him/her, compatible with the possibility of enrolling your minor child in a school in Canada (take a good look at the specificities of the different provinces of Canada with regard to school enrollment).

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3. After arrival, analyze the legal specifics of Canada

First of all, once you arrive in Canada, you must understand that the judgment is based on French law and therefore has no legitimacy in international law. Usually, you will be told to make the French judgment enforceable in Canada and to proceed to an exemplification (same principle as the exéquatur in France). This procedure can be administratively and financially complex depending on the case. Our advice is that if you are planning to stay in Canada temporarily or if you do not know how long you will stay in Canada, do not embark on such a legal adventure. Especially if you have had the oral and written approval of the separated parent and the French jurisdiction.  

However, it can be useful if you have ongoing disagreements with your ex-spouse or even mandatory for peace of mind. Furthermore, if you decide to stay for several years, it is advisable after one year on Canadian soil and depending on the age of your child, to seek the advice of a Canadian lawyer with expertise in international law and family matters. Your child will then be able to navigate between the two countries without having to systematically ask one of his parents for authorizations to leave and enter the territory.  

You will find below a link that will redirect you to the official website of the Consulate General of France, which regularly updates a list of the notoriety of the bar:

https://montreal.consulfrance.org/Avocats-370

Choose your lawyer based on legal knowledge but also on the confidence you feel in that person to handle your case. Don't be surprised, often even the first half hour will be charged.  

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To conclude, the word to remember is "anticipation" and is the key to the success of your child's future expatriation. You must be curious at all levels and communicate about your project so that everyone can consider it a win-win situation. In the end, the big winner in this story will be your child, who will have the chance to live an adventure abroad and to open up to other cultures.

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Jennifer Kerisit: "I can testify to this organization today, having lived through it, and take a step back. I had few answers and I had to seek them either from my lawyer or from several institutions. It's a lot of work but you have to have in mind that the result is really worth it."

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>> More information on How to prepare your departure to Quebec

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