Announcement

Collapse
No announcement yet.

In Loco Parentis - very short marriage?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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.

  • #2
    she (your friend) sponsored the kids and the dad to Canada? I don't think I'm following.

    Comment


    • #3
      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.

      Comment


      • #4
        What was the money arrangement (always a money thing with these things)...

        Comment


        • #5
          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?

          Comment


          • #6
            and who is / where is the child's biological mom? Who is the custodial parent?

            Comment


            • #7
              (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

              Comment


              • #8
                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 $$$$$$

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    She got a restraining order against him and had him locked up. I think the government might want to kick him out.

                    Comment


                    • #11
                      Originally posted by Links17 View Post
                      She got a restraining order against him and had him locked up. I think the government might want to kick him out.
                      If I'm following correctly, the sponsored dad has kids. Your friend has (in the worst case scenario) treated the kids as her own for a period of 6 months.

                      Q1: What happened with the kids when the dad was locked up? Who looked after them? Who is looking after them now? Do they go to school in Canada?

                      Q2: The kids's biological mom is back home? Or does not exist at all?

                      Comment

                      Our Divorce Forums
                      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                      Working...
                      X