Parental Responsibility in Canada
 

Hi All,
I have Parental Responsibility for my three Step children, my husband and I have the agreement of the birth mother to move to Canada.

Does Canada recognise UK Parental Responsibility? In the UK I make daily decisions on behalf of the children. People like dentist, doctor, school etc all recognise that I have the same status as a biological parent.

Is there anything I can do in Canada that is same as Parental Responsibility if they do not recognise UK document????

:unsure:Charlie:unsure:

Re: Parental Responsibility in Canada
 

It differs by province. Make sure you have your PR in writing, and unless someone disputes your authority, you should be OK.

Re: Parental Responsibility in Canada
 

As you have Parental Responsibility for your step children I am assuming you must have acquired that pursuant to the terms of a Court Order. If that is the case then you will able to present that to anyone questioning your ability to take such decisions on behalf of your step daughter. I really can't envisage a situation where anyone would question your ability to do so anyway.

Re: Parental Responsibility in Canada
 

Quite. A decade ago, a child, then aged around ten came for a sleep over with my, slightly older, children. The father was away in the military so the mother was nominally responsible. She moved to Nova Scotia advising us by telephone that she'd gone and would be back for the child. She didn't come back for eighteen months during which time the child had to be enrolled in school, stitched up at an emergency room, taken to the factory outlet mall in Niagara Falls NY for cheap clothes - the usual run of childhood things. Admittedly it was a while back but in the year and a half no one asked why we suddenly had another child. So long as you're confident and the child looks as if it could be related to you there's no reason for anyone to ask for proof of responsibility.

Re: Parental Responsibility in Canada
 

We are going through the same :frown:

Ours is birth father never seen her, never paid for her, signed parental thing through court, even changed her surname to ours now we are married, but still need a letter of consent from the absent father advising he doesnt mind us taking her out of the country.

Uk law states that i have full power, that i can take her where i want, i can go and live in timbuktu or where ever i want and i dont need to ask him as he has never been on birth cert or had contact etc etc

canadian law says that i have to have his permission or a court order saying that i can move out of the uk :mad: confusing...yep
thankful seen solictor who is v.v.v good and she has done her stuff, found him after 10 years and now waiting to see if he signs the letter of consent if not then court here we come :curse:

So if she is ok with them going get the consent letter and done right and youll have no probs, that way once in canada you are the parent with equal parent right :D;)

hope that helps
gill :wub:

Re: Parental Responsibility in Canada
 

Thanks...How do I check what is current in a particular province, we are going to Ontario???

No we do not have a Court Order... In the UK a step parent can now have Parental Responsibility, as long as the 'step' is married to a parent and both birth parents consent to this. I have a copy of the Parental Responsibility Agreement. The bit I was not sure about was whether a UK legal document would be recognised in Canada, as it would be a different legal system??

:ohmy::frown::huh::blink:

Hi Gill,
I really hope he signs...

Thanks
Charlie

Re: Parental Responsibility in Canada
 

Good question. The short answer is that

- while you are living in the U.K., British law takes precedence

- for immigration purposes, Canada is obliged by treaty to take into account British law on removal of child from the U.K. (even though there are problems with Canadians not implementing this in practice)

- however, once you establish residence in Canada, Canadian law takes precedence. Laws vary from province to province so you really need to contact a reputable family law practitioner in that province to find out are the documents recognised and if they are not, what options have you got to get them reissued or validated by a court under Canadian law. (and what the potential impact is if you don't).

- There are a lot of reported issues with unofficial "enforcers" in Canada hassling lone parents and those in non-standard families (eg airline check-in staff). Much more so than in other countries. You may wish to take this into account.

You may want to PM "dingbat" who has a lot of experience in this area and can give you a British Columbia specific point of view.

Re: Parental Responsibility in Canada
 

Then that has changed since I last practised over there and it would appear that only a father can obtain parental responsibility in such a manner. Have a look here:

http://www.opsi.gov.uk/acts/acts1989..._en_2#pt1-l1g3

I am sure you had a solicitor in the UK draft it and so can only assume that it is correct - I have learned something today :thumbsup:

I have found the relevant legislation which is here http://www.opsi.gov.uk/acts/acts2002...n_8#pt2-l1g112

Apologies for any heart attacks caused in the interim

Re: Parental Responsibility in Canada
 

Step-parents in England and Wales can now obtain parental responsibility by agreement or court order since 30 December 2005, when section 112 of the Adoption and Children Act 2002 inserted a new clause 4A into the Children Act 1989.

http://www.opsi.gov.uk/acts/acts2002..._20020038_en_1

Consolidated U.K. statutes can now be found at http://www.statutelaw.gov.uk

Re: Parental Responsibility in Canada
 

When I took my granddaughter to England for a holiday when she was almost 6, I was told by my travel agent to obtain an authority from both parents to take her out of the country. I was also told to have it notarized, which was easy because I worked for solicitors.

The stupid part was that we flew out of Calgary and nobody asked for evidence that I could take her, same thing in and out of Heathrow. It was not until we got back to Calgary, entering Canada again, that anybody asked me. I felt like saying "if I had been a kidnapper wouldn't it have been more appropriate to ask when I LEFT rather than when I was coming back again?"

Re: Parental Responsibility in Canada
 

Charlie

this was done a while ago on the forum and someone posted a standar concent document, do a search, get it printed and get the other parent to sign it.

You will have peace of mind that you have covered every base then.
i know we could go with the signed parental document and argue at port of entry that this is uk law, but hey if the canadians want to be funny at port then they can turn you away :curse:

As the other parent isnt bothered about you going, do it to cover your back, even a few quid spent at the solictors is worth it for peace of mind :thumbsup:

thanks for the support, i have his address if things dont arrive at my solicotors by next week ;)

gill:wub:

Re: Parental Responsibility in Canada
 

It's ok as I have my agreement safe and sound!
Thank you but I already have the Parental Responsibility Agreement.
Hi Gill,
We are going to get a notarised letter in order that children can enter/leave country, I think that everyone needs to have this if step children are involved?? That was not really the bit I was unsure about.

In this country the agreement I have gives me the same legal rights as the biological parents, it means that I am entitled to make decisions on their behalf everyday. At the Doctor's, at school. What I wanted to know was whether this was valid in Canada or if there was something similar.

Thanks for the advice.
:wub:Charlie:wub:

Re: Parental Responsibility in Canada
 

Once again. You need to seek advice from a family law practitioner in the province/territory where you intend to live.