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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Family Sponsorship Canada » Custody Agreements Needed to Sponsor a Child to Canada

Custody Agreements Needed to Sponsor a Child to Canada

17 Jun 2026 5 min read No comments Family Sponsorship Canada
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To sponsor a dependent child to Canada, you must prove you have the legal right to remove them from their home country. IRCC requires a completed IMM 5604 Form (Declaration from Non-Accompanying Parent) or a formal court order granting you sole custody. The government fee to sponsor a child is $150 CAD.

Bringing your child to live with you in Canada is a beautiful milestone, but it involves navigating complex international family laws. 👨‍👧 Immigration, Refugees and Citizenship Canada (IRCC) operates under strict international guidelines, including the Hague Convention, to prevent international child abduction. If you are sponsoring a child and the other biological parent is staying behind in their home country, you cannot simply put the child on a plane. Whether you live in Montreal, Calgary, or Ottawa, you must provide undeniable legal proof that the other parent consents to the child moving, or that a court has given you sole authority to relocate the child.

Understanding IRCC’s Anti-Abduction Regulations

Canada takes parental rights very seriously. When an application for a minor (under 18) is submitted, the visa officer must ensure that moving the child to Canada does not violate any foreign custody agreements or the legal rights of the non-accompanying parent. If you share joint custody, the other parent must officially agree to the child becoming a Canadian permanent resident. If you fail to provide this consent, IRCC will refuse the application, and you could face legal consequences in your home country.

Step-by-Step Process for Providing Custody Proof in Canada

Securing the right documentation requires coordination between you, the other parent, and potentially the court system in your child’s home country. Follow these steps carefully to avoid processing delays.

Step 1: Obtain Form IMM 5604

The most crucial document in this process is the Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada (Form IMM 5604). 📄 You must send this form to the child’s other parent. They must read it, fill out their information, and sign it, explicitly stating they have no objections to the child moving to Canada permanently.

Step 2: Have the Form Properly Notarized

IRCC will not accept a simple signature on a printed piece of paper. The other parent must sign the IMM 5604 form in front of a Notary Public, a Magistrate, or a judge in their home country. The notary must stamp and sign the document, verifying the identity of the parent who signed it.

Step 3: Gather the Non-Accompanying Parent’s ID

Along with the notarized form, you must also submit a clear photocopy of the non-accompanying parent’s official government-issued identification. This ID must include their photo and their signature, so the IRCC officer can compare the signature on the ID to the signature on the IMM 5604 form. A passport or national driver’s licence is best.

Step 4: Alternative: Provide a Sole Custody Court Order

If the other parent refuses to sign, or if their whereabouts have been completely unknown for years, an IMM 5604 is not possible. In this scenario, you must provide a legal court order (from Canada or the child’s home country) explicitly granting you full, sole custody of the child, and expressly stating that you have the legal right to remove the child from the jurisdiction without the other parent’s consent.

How Much Does it Cost in Canada?

Sponsoring a child is relatively inexpensive in terms of government fees, but obtaining legal custody documents can increase your budget significantly. 💵

  • IRCC Sponsorship & Processing Fee: $150 CAD per dependent child.
  • Biometrics Fee (If the child is 14 or older): $85 CAD.
  • Notary Fees: Having the IMM 5604 notarized abroad typically costs the equivalent of $20 to $100 CAD.
  • Certified Translation: If your custody court orders are not in English or French, certified translation usually costs $50 to $100 CAD per page.
  • Family Lawyer Fees: If you need to go to court in your home country to secure a sole custody order, legal fees can range from $2,000 to $10,000+ CAD.

Comparing Proof of Custody Options

Here is a breakdown of how IRCC views different forms of custody documentation.

Documentation TypeIRCC Acceptance LevelWhen to Use It
Notarized IMM 5604 + Photo IDHighly accepted; standard procedure.When the other parent is cooperative and agrees to the immigration.
Sole Custody Court OrderHighly accepted, but must be explicit about relocation.When the other parent is uncooperative, abusive, or totally absent.
Verbal Agreement / Handwritten LetterStrictly refused.Never. IRCC requires formal legal documentation.

How Long Does the Process Take?

The time it takes to sponsor a dependent child depends on where the child is applying from. ⏱ As of May 2026, standard processing times for a dependent child sponsorship generally range from 10 to 14 months. However, if the IRCC officer suspects the custody documents are forged or insufficient, they will pause the processing and issue a Procedural Fairness Letter (PFL), which can delay your case by several months while you secure better evidence.

Frequently Asked Questions (FAQ)

What if the other parent refuses to sign the IMM 5604?

If the other parent refuses to consent, you cannot bypass them through IRCC. You must apply to a family court (usually in the country where the child currently lives) to obtain a formal order granting you permission to relocate the child to Canada.

Does the other parent’s death certificate count as sole custody?

Yes. If the child’s other biological parent has passed away, you do not need the IMM 5604. You simply provide the official death certificate (along with a certified translation) in your IRCC application to prove you are the sole surviving parent.

What if I don’t know where the other parent is?

IRCC will not accept “I don’t know where they are” as an excuse to skip the form. You usually need to go through the family court system to legally establish that the other parent has abandoned the child, resulting in a court order granting you sole decision-making authority.

Can I just bring my child on a visitor visa first?

Even if you apply for a Temporary Resident Visa (TRV) for your child, IRCC and the Canada Border Services Agency (CBSA) will still require a notarized consent letter from the other parent to allow the child to travel. Without it, the visa will be refused or boarding will be denied.

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