Im a recent permanent resident in Canada, and my 2 children ages 8 and 14 as well. What happens to my children in the event of my death? I'm a single parent with a common law of 1 year. The children's father is in the Philippines. I have no other close relative here.
HelloWhat province do you live in? The laws vary on this point from province to province.
I live in ontario
gOOD DAY, IM FROM THE PROVINCE OF ONTARIO. LIVING IN TORONTO. THANK YOU
HelloUnder the legislation, you have sole custody of your children. Because your children have been living with you with the consent of the father, he has no automatic custodial rights to the children unless he obtains a court order from a court in Ontario. You have the right to make a Will in which you designate who is to have custody of your children upon your death. If you do not have a Will or do not include that term in your Will, or the person you name for some reason does not want to take custody, then placement of the children would be made pursuant to a court order. If there were no other family members available then the children would be placed in foster care.
So If i don't make a will, and the children have no available family members in Ontario, will the court most likely send them to the Philippines to their biological father, or will they most likely be placed in foster care in Ontario?
Foster care would be more likely, unless the father presented considerable evidence about his willingness and ability to meet the best interests of the children. The court will have concerns about his ability given the lack of contact and involvement in their lives, as well as their having no familiarity with life outside of Canada.
with over 15 years experience.
is a common-law considered family member?
Yes. The court can award custody to a common law spouse, if that person is best suite to care for the child and if the child already views that person as a parent.