Guardianship in Canada
Guardianship in Canada
When it comes to minor children and Immigration, Refugee and Citizenship Canada, there are certain considerations that you need to keep in mind, especially if you’re sending your child to Canada by themselves. A key step to this process of applying for a visitor or study permit for your minor child is understanding the key terminology used by the government, such as the difference between parents, guardians, trustees, and custodians.
But first, let us consider who is a minor in Canada. If your child is going to study or visit Alberta, Manitoba, Ontario, Prince Edward Island, Quebec or Saskatchewan, they are considered adults as soon as they reach the age of 18. As for the remaining provinces and territories in Canada, the age of majority is slightly higher, namely 19 years of age. Make sure to double-check the government website before you start the process, since laws can change, and you want to be prepared.
Next, if your child is younger than the age of majority, they are considered a minor. For you, that means you need to show that someone will be able to take care of your minor child while they’re in Canada.Option one, is if your child is coming to Canada with you, their parent. You can be a biological parent, or your child can be legally adopted – either way you will have to apply for a visitor visa (or any other immigration document that applies to your situation) to stay with your child in Canada. Accompanying a minor child is a valid reason for coming to Canada. However, you will have to prove your relationship to the child, e.g. by providing a birth or adoption certificate, and show that you have enough funds to support yourself, your child, and pay your child’s tuition if they’re a student in Canada.
Parents are also considered legal guardians of a child, but the words should not be used interchangeably. A parent may not be a guardian if they have never lived with or taken care of the child, or they are not a guardian as a result of a court order. The laws may vary in your country of origin, and the definition of guardianship of a child can vary across provinces. So, if you are wondering how to get legal guardianship of a child in Canada, check with a lawyer practicing in the province where the guardianship would take place. Child guardianship in Canada can also be entrusted to someone who is not a parent, for example, in situations when a child has no birth or adopted parents, or the child’s parents don’t have custody over the child. In that case, a guardianship definition be based on local laws and the guardianship would have to be recognized by a court order, a will, or some other form of a legal document.
The next important distinction is between a trustee and a custodian. A trustee is usually appointed for managing a minor’s assets or funds until they reach the age of majority. However, if you’re sending your child to study in Canada and there is no guardian or parent who can come with them, your child will need to have a custodian in Canada.
Regards,
The Custodian (Guardianship in Canada)
