Hi !!
I went through a mutual divorce in March 2008. I have a girl child from that marriage and she is now 11 yrs and 6 months old. At the time of divorce we agreed on joint custody of my daughter. Thereafter I re-married and had to travel to USA by end of 2008. Before the travel, I got permission from my x-husband on a stamp paper (as an affidavit) stating that he is allowing me to take my daughter to USA.
Since then I have travelled from USA to Canada and currently a resident of Canada. For the last 3 yrs and 6 months my daughter is solely with me and my present husband and we are solely responsible for her upbringing. Now, I have applied for permanent residence in Canada and for that matter I need to present proof of custody of my child. In this context my questions are below:
1. Can I apply for full custody of my child now? What will be the process and how much time is typically required for this? Can the process happen even if I am abroad? assume the x-husband will be consenting
2. If the x-husband is not consenting, what are my options given that my daughter is almost 12 yrs old and she is with me solely for the last 3.5 yrs
3. If the legal custody process takes time, can I get a affidavit of No Objection from the x-husband and is there a formal process for that?
