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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-27-2017, 11:12 PM
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Default In Loco Parentis - very short marriage?

Asking this for a Toronto friend...

I know this person who was married for a year, cohabited with the step children for 6 months (I think 9 months with the father) sponsored them into Canada (3 year commitment for the father, 10 years for the kids).

In the worst case scenario this person (a woman) treated the kids like her own (let's just assume) but only lived with them for 6 months.

Could she be ordered to pay child support? She has no visitation, there have been no court procedures yet.
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Old 01-27-2017, 11:38 PM
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she (your friend) sponsored the kids and the dad to Canada? I don't think I'm following.
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Old 01-27-2017, 11:39 PM
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Yes she did. The case might be more complex, I think they cohabited for such a short period of time she can have him removed.
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Old 01-28-2017, 12:05 AM
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What was the money arrangement (always a money thing with these things)...
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Old 01-28-2017, 12:38 AM
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the split a downpayment on a house.... he had some money but wasn't working yet.... It was 6 monthts....

Apparently, he could theoretically be kicked out because he didn't live with her for 2 years for conditional permanent residency

Anybody know anybody in the cbsa?
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Old 01-28-2017, 12:47 AM
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and who is / where is the child's biological mom? Who is the custodial parent?
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Old 01-28-2017, 08:30 PM
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(3 year commitment for the father, 10 years for the kids).
this is the worst in this case.
if father and kids goes to welfare, your friend gotta return all welfare money back to Govt, since she signed commitment with Govt of Canada to support them.

I was in same boat, but no child. ex-wife was on welfare for 4 months and I was forced to pay them back
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Old 01-28-2017, 08:32 PM
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Apparently, he could theoretically be kicked out because he didn't live with her for 2 years for conditional permanent residency

never gonna happen, because our great country need more people to support CPP

one statement from the kids, that they were ill treated by your friend, they will close the file, and your friend is on the hook for $$$$$$
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Old 01-29-2017, 11:24 AM
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Quote:
Originally Posted by Links17 View Post
Asking this for a Toronto friend...

I know this person who was married for a year, cohabited with the step children for 6 months (I think 9 months with the father) sponsored them into Canada (3 year commitment for the father, 10 years for the kids).

In the worst case scenario this person (a woman) treated the kids like her own (let's just assume) but only lived with them for 6 months.

Could she be ordered to pay child support? She has no visitation, there have been no court procedures yet.
Double edged sword. As part of the immigration process the party in question is responsible to support them. But, that would be only if they find their way on to a government funded support system. That government support system would then come after them for the costs.

As an element of family law... I am of the opinion that significantly more has to be established to be designated "in loco parent". The times frame given does not provide enough time to be designated as that. A family court would probably not order support and let any issue fall through to the immigration status etc if any funds were needed to be collected.

I would advise your friend to contact an immigration lawyer about it all.
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Old 01-29-2017, 09:46 PM
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She got a restraining order against him and had him locked up. I think the government might want to kick him out.
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