Canada Family Law

Have a Canadian Family Law Question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

Canada Family Law

Situation is as follows: a 7 yr old child has been living

Customer Question
with his mom and her...
Situation is as follows: a 7 yr old child has been living with his mom and her fiancé for almost 5 years, the biological father is not in the picture and mom has sole guardianship. The fiancé has both financially and emotionally been the father to the child. The male fiancé wants to adopt the child. Does the biological father need to be served?
Submitted: 1 year ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 17 minutes by:
11/15/2016
Family Lawyer: ulysses101, Lawyer replied 1 year ago
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,666
Experience: Over 10 years litigation experience in family, criminal, and civil law
Verified

Hello, thank you for the question.

What province are you in?

Does the mother or fiancee know where father is?

Is the father literally not involved at all? No contact? Is support ordered, and if so is it being paid?

Ask Your Own Canada Family Law Question
Customer reply replied 1 year ago
in Alberta
They don't exactly know where he is they guess somewhere in AB
There is a support order in place has been for 5 years @ 500 per month but she just got $3500 due to some sort of lien thing from Maintenance enforcement, they would like the support order removed once adopted.
Family Lawyer: ulysses101, Lawyer replied 1 year ago

OK, what's your connection to the situation? I want you to stay anonymous, but I don't want to ask you for more information that you might not know yourself.

Ask Your Own Canada Family Law Question
Customer reply replied 1 year ago
I am the mother of the male that wants to adopt the child.
Family Lawyer: ulysses101, Lawyer replied 1 year ago

I see.

Before taking this to court and spending time and legal fees, your son and the mother need to make some serious efforts to find the father. There are two reasons for this:

Firstly, if they can find the father then they can likely get him to agree to the adoption since father seems to have no relationship with the child and wants to get out of paying child support, I assume. That $3500 may have come from father recently filing income tax return(s) and the refund to him was diverted to Maintenance Enforcement.

Secondly, they will have to serve him for the court to process your son's application to adopt the child. An adoption will strip father of all his rights and obligations to the child and grant them to your son. Those orders aren't made lightly, and best attempts at service have to be made.

So your son and the mother should start with the obvious methods. Do computer searches for his name, ask his family and friends if they know where he is because there's stuff going on that he needs to be aware of. If that doesn't pan out, then let a private investigator take a crack at it. That shouldn't cost much, and they know ways of getting at information which the general public isn't privy to.

If the father literally cannot be located, then a motion to the court for the order that Maintenance Enforcement disclose any knowledge they have about him to the court may be necessary. Perhaps this recent payment has some details which will help to locate the guy.

There are a number of ways that this can proceed, but to answer you: yes, father needs to be served with the application to adopt and your son needs to start looking for the guy.

Does that answer you? I'll await your question or comment. If I've answered you fully, may I please have a positive service rating? Ratings are how I get credit from the site for helping its customers. I'd really appreciate it.

Ask Your Own Canada Family Law Question
Customer reply replied 1 year ago
Ok I guess I don't understand why they have to serve the father as he has no guardianship rights and hasn't been around for 5 years. that's extremely frustrating.
Family Lawyer: ulysses101, Lawyer replied 1 year ago

I understand, but he's still the father whether or not he's been involved. Even if he hasn't exercised access in five years he still has the right to it under the existing court order, I'm sure. Stripping him of his fatherhood, as well as all his rights and obligations to the child, is a serious matter and he needs to be found, hopefully to get his consent and if not then to serve him.

If he literally cannot be found by any reasonable means then your son will have to bring a motion asking the court to process his application without service on the father, but that obviously requires a high standard of proof.

Anything else about this topic you'd like to discuss?

Ask Your Own Canada Family Law Question
Customer reply replied 1 year ago
no that's fine thank you very much for your help I certainly appreciate it.
Family Lawyer: ulysses101, Lawyer replied 1 year ago

My pleasure.

Good luck to your son and grandchild-to-be.

If we're finished, may I please have that rating now?

Ulysses

Ask Your Own Canada Family Law Question
Family Lawyer: ulysses101, Lawyer replied 1 year ago

Or is there something else about this adoption topic that you'd like to discuss? If so then I'm here for you.

Ask Your Own Canada Family Law Question
Ask ulysses101 Your Own Question
ulysses101
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,666
3,666 Satisfied Customers
Experience: Over 10 years litigation experience in family, criminal, and civil law

ulysses101 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

4,746 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
I have been separated for 6 years and have agreement that
Hi, I have been separated for 6 years and have agreement that says I have full custody. There is some history of family violence and I believe my ex has some unresolved mental health issues. He has be… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
My ex lied about his income and refused to give his tax info
My ex lied about his income and refused to give his tax info we battled for almost 4 years and finally we are done. His arrears have accumulated to over 9000 so he is supposed to pay 300 to arrears a … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
I have a client who is getting divorced from her husband and
I have a client who is getting divorced from her husband and he has a large pension with a large, well recognised, International Oil and Gas Company. The main office for Canada is in Vancouver, but th… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
I have been Stasiuk for one year however we live together
I have been Mary Tim Dan Stasiuk for one year however we live together for 21 years, la what are my legal rights to an income … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
My husband and I purchased a house in July. He just
My husband and I purchased a house in July. He just blindsided me and says he wants a divorce. We have a 3 year old daughter. He wants me to leave the house, I don't want to go nor do I have anywhere … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
My boyfriends kids needs are not being met, they have been
My boyfriends kids needs are not being met , they have been moving around for the past few months , they haven't been in school this year, they have cas involved but yet they aren't doing anything. Th… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
Do I have to have a lawyer to go to court for my child
Do I have to have a lawyer to go to court for my child visitation rights? If not how do I get a court date? … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
I need some advice on divorce. I want to ask my wife of 35
I need some advice on divorce. I want to ask my wife of 35 years for a divorce and have some general questions… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
If is divorce has been granted and finalized, with a
If is divorce has been granted and finalized, with a separation agreement in place before, can one party then seek equity from a home? Do divorced parties fall under the family law act or the divorce … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
My husband broke my moms arm 18 months ago. he is a
My husband broke my moms arm 18 months ago. he is a narcissistic sociopath (diagnosed). He uses drugs and he was let go from his job just prior to our marriage and now I have the document from the hea… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
I have 50/50 custody of my kids, well last night my one son
I have 50/50 custody of my kids, well last night my one son decided he wants to live with me as he is scared of his father and unhappy there. What can I do? I phone the police and they said I could le… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
My girlfriend is from Finland and has been here since
Hi, My girlfriend is from Finland and has been here since December 14, 2016. She came here with Visitor Visa and now for her has granted Extended Visitor Visa what expires January 31, 2018. We underst… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
In a child support issue, both parents are ordered to
In a child support issue, both parents are ordered to exchange tax information to facilitate expense sharing / determination of support amounts. If the payer refuses / fails to provide their tax or in… read more
ulysses101
ulysses101
Lawyer
3,666 satisfied customers
I was hoping you can give me some insight. I hired a
Hi, I was hoping you can give me some insight. I hired a contractor to install soffit and fascia on my garage. I gave him a piece of j trim from the house to match the colour, he purchased and picked … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
I would like to know if my son's dad has parental rights if
I would like to know if my son's dad has parental rights if he hasn't been around for 2 years … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
If I spoke with a lawyer and he gets disbarred, would he be
Hi, if I spoke with a lawyer and he gets disbarred, would he be penalized in any way if he disclosed info I told him when he was my lawyer? If so, what penalties could he face?… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
In british Columbia Canada I think there is a law in place
in british Columbia Canada I think there is a law in place for retro child support that limits it to 3 years from asking for it? what section would I quote to a judge on this law? there is no blamewor… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
I pay monthly child support on my base salary. If I receive
Hi I pay monthly child support on my base salary. If I receive stock benefits I pay on those at 20.4 percent when received. My ex wife insists I also need to add this amount to my base income for mont… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,746 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x