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  • Guardianship and School Issues

    I have asked for advise on this before but it gets more complicated it seems, so here is the circumstance again - 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. We have not been paid any money by either parent for her expenses at any time so far. I advised that we did not need to get guardianship as she is already 16 but now we are getting push back from the school to get legal papers to prove our legal rights. As well she has asked to emancipated from her mother ... so I guess we could apply for custody. Please help as we are always on edge about this issue.

    Thanks in advance for your time in providing an answer

  • #2
    perhaps i dont exactly understand the question, but it seems quite clear to me that you are on the right track applying for custody. the best thing you can do is to provide her with a stable environment and better upbringing, and custoday would certainly be helpful.

    also if it ever surfaces that you need to get CS. i think custody may be helpful to get CS from her parents.

    Comment


    • #3
      I don't understand what legal rights you are talking about that you want from the school. She is 16, she can register herself, choose her own courses, and she can bring home her report card. She can sign herself in or out if she is sick, late, etc. and she doesn't need your signature for permission forms. The only thing she needs is proof of residence in the school district to register.

      Again, as I said before, "guardianship" has nothing to do with what you are seeking. Guardianship in Ontario gives you control over any property she owns/inherits, trust funds, etc. This doesn't apply in her case.

      If you are seeking child support from her parents, then you file an application with the courts and go through the process all at once. A judge will determine custody and support according to the best interests of the child. You approach this the same as you would if you were a separated parent seeking the same.

      If you are seeking government benefits with her as your dependant, you should call the CRA help line and explain your situation in detail. Their regulations are not the same as family law and you will need to fulfill their requirements separately.

      What, specificly, do you want from the school board that you cannot have now? If you are more specific we can help you with research. Most of us are separated parents and have dealt with schooling in one way or another.

      Comment


      • #4
        Thank you all for confirmation, I had been made to think differently by the the school principal as he was asking for paperwork. I will push the issue with him now. The mother is calling from Alberta and asking the school for information and we have asked him not to give it to her as she no longer is involved in the 16 year old's life and as usual she has complicated the issue.

        Again thanks for the help

        Comment


        • #5
          http://www.tdsb.on.ca/ppf/uploads/fi...ve/98/1635.pdf

          A pupil who is 16 or 17 years old and who has withdrawn from parental control
          The person does not have a legal guardian-ship document

           The person must provide a signed statement outlining the following:
          The age of the pupil
          That the pupil has withdrawn from parental control
          That the pupil will be making all decisions on his/her own behalf
          Register the pupil at school
          NB. The Toronto District School Board reserves the right to seek further proof that a pupil has withdrawn from parental control, such as, proof of financial independence where there is a reasonable belief that there may be an attempt to avoid the Toronto District School Board’s Optional Attendance Policy. Where it is determined that a pupil has misrepresented that he/she has withdrawn from parental control in order to avoid the TDSB’s Optional Attendance Policy, that pupil will be subject to immediate transfer to their home school.
          I understand why you are asking about "guardianship" since that is the term used by the school board, but it isn't used in family law in this context. I would suggest that you first try printing off this .pdf (assuming you are in Toronto? Or something similar from your local board) and have your niece write a letter stating she has withdrawn from parental control. That will be quickest and easiest. If the principal still won't oblige, then call your school trustee. Your niece has a legal right under Ontario law to attend school, they have to comply. I'm sure this situation may not have come up for the principal before and he is doing what he thinks is the proper proceedure.

          If there are other reasons why you need custody, then you have to go to family court and go through the process like any parent who is separating. Talk to the Family Law Information Centre at the courthouse and they will guide you through it.


          You should also try the Secondary School Placement Centre
          Secondary School Placement Centre

          Comment

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