How Do I Get Legal Guardianship of a Child Who Is Not Mine in Ontario?
In Ontario, a relative or family friend who is not a parent can apply to court for a parenting order on decision-making responsibility, or for a contact order. The court decides only on the child's best interests, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being.
The application must include an affidavit setting out your proposed plan for the child and any involvement in family or criminal proceedings. If you want decision-making responsibility, you must also file a recent police records check and request a report from each relevant children's aid society, which must respond within 30 days.
A parenting order is different from adoption, which is a separate process that can also be open to relatives. If you are caring for a child you have no legal duty to support, Temporary Care Assistance of up to $274 a month for the first child may be available, unless you are paid for care under the CYFSA or have shown a settled intention to treat the child as your own, and the child is generally not eligible where a s. 116 CYFSA legal custody order applies. The right route depends on the child's situation, so get legal advice before filing.
Key takeaways
- A non-parent, including a grandparent, relative or family friend, may apply to court for decision-making responsibility or for a contact order.
- Your application must include an affidavit with your proposed plan for the child and any involvement in family or criminal proceedings.
- For decision-making responsibility, you must file a recent police records check and request a report from each relevant children's aid society.
- The court decides only on the child's best interests, giving primary consideration to the child's safety, security and well-being.