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-   -   How do I go about getting guardianship of my 16 year old niece (https://www.ottawadivorce.com/forum/showthread.php?t=13423)

Ron 10-22-2012 11:49 AM

How do I go about getting guardianship of my 16 year old niece
 
My 16 year old niece from Alberta has lived with my family in Ontario for over the past year as her mother is an alcoholically that refuses to get help and is very abusive to her daughter when she drinks. The father does not want to change his life to accommodate the daughter so the best place for her to live is with my family. She came to us after she was removed from the home in Alberta by Alberta Child and Family Services in July 2011 and spent the entire school year at our house. She returned to Alberta this past summer with the intention of staying but could not make it work and has returned to Ontario. This is starting to look permanent and we need to get guardianship but the mother refuses to allow that as she claims to sole custody of her and has not accepted that her daughter will not live her as it is not a healthy place for her. We have not been paid any money by either parent for her expenses at any time so far - lots of promises but no money. I need to know what I need to do to get guardianship so we can get her the Ontario Health Care and claim her as a dependent. I need to figure out a way to do it as inexpensively as possible because we can't afford a long legal procedure. Please offer some advice and thanks in advance for the help

Mess 10-22-2012 11:58 AM

She doesn't need guardianship for that. She can go to any Service Ontario office, show proof of residence and get her own OHIP card. Get her a bank account and have the paper statements mailed to your address for a start. A driver's license will be a good idea. Ontario now has non-drivers ID cards, if driving is an issue.

Guardianship, in Ontario Law, will only allow you to control her property. From your description, she doesn't have any.

You may seek custody through the family courts. At her age, custody will mean little. It allows you say in her medical decisions, education, and choice of religion. At her age she is already able to decide those things.

She has removed herself from parental control, she is legally an adult. At most, what you want is for her to be under parental control, yours, and not an adult. I'm not saying that is wrong, but question whether you actually need that.

You should contact the CRA information line and ask what steps you need to take with them to be able to receive the CCTB. Unless you are unmarried and have no other dependants, you will not be able to claim her as a dependant, however you may be able to claim some things like tuition. It depends on your situation, call the CRA.

Tayken 10-22-2012 12:00 PM

Quote:

Originally Posted by Ron (Post 112364)
My 16 year old niece from Alberta has lived with my family in Ontario for over the past year as her mother is an alcoholically that refuses to get help and is very abusive to her daughter when she drinks. The father does not want to change his life to accommodate the daughter so the best place for her to live is with my family. She came to us after she was removed from the home in Alberta by Alberta Child and Family Services in July 2011 and spent the entire school year at our house. She returned to Alberta this past summer with the intention of staying but could not make it work and has returned to Ontario. This is starting to look permanent and we need to get guardianship but the mother refuses to allow that as she claims to sole custody of her and has not accepted that her daughter will not live her as it is not a healthy place for her. We have not been paid any money by either parent for her expenses at any time so far - lots of promises but no money. I need to know what I need to do to get guardianship so we can get her the Ontario Health Care and claim her as a dependent. I need to figure out a way to do it as inexpensively as possible because we can't afford a long legal procedure. Please offer some advice and thanks in advance for the help

As the child is 16 years of age, the child can go on their own to the Family Law Information Centre (FLIC) in Ontario and request a meeting with counsel on the matter. Furthermore, the child of 16 years of age can apply for and obtain a Legal Aid Ontario certificate and obtain their own cousel.

It is not unheard of for a child to bring forward an application to court against their biological parents for child support and to seek either warship with the crown or to have you designated.

Here is the jurisprudence (case law) that sets this presidence forward:

Dolabaille v. Carrington and Carrington, 1981 CanLII 1226 (ON CJ)

Date: 1981-03-17
Docket: D11035/80
URL: CanLII - 1981 CanLII 1226 (ON CJ)
Citation: Dolabaille v. Carrington and Carrington, 1981 CanLII 1226 (ON CJ)

This case law is referenced in the following matters as well:

CanLII - 1981 CanLII 1226 (ON CJ)

Excellent materials on the "Voice of the Child" from the Law Society of Upper Canada:

http://ecom.lsuc.on.ca/cpd/product.jsp?id=CLE12-0030801
http://ecom.lsuc.on.ca/cpd/product.jsp?id=CLE10-0030201
http://www.justice.gc.ca/eng/pi/fcy-...eme/voi2b.html

Search "Voice of the Child" Ontario and Family Law to get more information than you could ever read on what rights a 16 year old has in a matter like this.

Rioe 10-22-2012 10:09 PM

Quote:

Originally Posted by Tayken (Post 112370)
Here is the jurisprudence (case law) that sets this presidence forward:

Dolabaille v. Carrington and Carrington, 1981 CanLII 1226 (ON CJ)

Date: 1981-03-17
Docket: D11035/80
URL: CanLII - 1981 CanLII 1226 (ON CJ)
Citation: Dolabaille v. Carrington and Carrington, 1981 CanLII 1226 (ON CJ)

That's such a sad case.

Haha, two teachers making combined income of $50k. What a difference a few decades makes.

Their support stops dead when he either marries or turns 18. Wow. Nothing about post-secondary support like we have now.


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