Legal Question in Family Law in Canada

custody

my husbands nephew is in the custody of child welfare and the childs parents have asked if we would take him. is this possible for us to do with out any foster care training? also when the child was taken no family members were asked if they could take him. The childs parents have a terminal illness, and in the end we will be soul care providers for this child. we are his godparents as well.


Asked on 3/08/03, 10:34 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: custody

As noted on the website this reply applies to British Columbia ONLY. The law is different in other provinces. In B.C. it is possible to take the child without foster care trianing if the Ministry investigates your home and approves it, and consents to the placement. There is no right to have the child placed with you. There is no requirement that the authorities have to ask family members to take a child when he is apprehended; they might do so in certain situations, but it is very dependent on whether or not they were told if there were other family members, where those others live, and the circumstances surrounding the actual apprehension. In answering I am presuming that you and the child's parents all live in or near the same city/town in British Columbia. If you don't, then this answer is not correct.

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Answered on 3/08/03, 10:43 am


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