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Old 10-22-2012, 12:00 PM
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Tayken Tayken is offline
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Originally Posted by Ron View Post
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.

Last edited by Tayken; 10-22-2012 at 12:02 PM.