Inquiring regarding receiving help in an open case with my 8 8year old grand daughter's open with the family child

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Customer: inquiring regarding receiving help in an open case with my 8 8year old grand daughter's open with the family child protective family services in vancouver , BC, my daughter passed away recently and I have exhausted every avenue as well with the BC Ombudsman; my granddaughter is is in danger with her father
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I live in Ontario where do I receive papers to file in family court,do I file from Ontario or in vancouver?
JA: Have you talked to a lawyer about this yet?
Customer: I am awaiting for a lawyer to return my call
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I need to discuss further information with the lawyer in regarding my grand daughter's safety
Answered by Counsel Creed in 1 day 1 year ago
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Counsel Creed, Expert

Hi, welcome to Just Answer and thank you for using our services. I am Counsel Creed. I am very sorry to hear about your predicament. I am not sure what you mean by "exhausting every avenue", but there really is just one avenue for you a court application. And it has to be a BC court, because that is where the child "habitually resides".

Unders section 51 of the Family Law Act of BC, you may apply for a guardianship of your granddaughter. This section says: "(1)On application, a court may (a)appoint a person as a child's guardian..."

Family Law Act, section 45 says: "(1)On application by a guardian, a court may make an order respecting one or more of the following: (a)the allocation of parental responsibilities; (b)parenting time;

...

(4)Despite subsection (1), a person applying for guardianship may apply, at the same time, for an order under this section."

So, what this means is that you can apply to be named a guardian at the same time when you apply to have the parental responsibilities and actual care for the child decided. The test that the court applies when considering someone like you to be named a guardian is "the child's best interest". Section 37 defines what that means:

37 ...(2)To determine what is in the best interests of a child, all of the child's needs and circumstances must be considered, including the following:

(a)the child's health and emotional well-being;

(b)the child's views, unless it would be inappropriate to consider them;

(c)the nature and strength of the relationships between the child and significant persons in the child's life;

(d)the history of the child's care;

(e)the child's need for stability, given the child's age and stage of development;

(f)the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;

(g)the impact of any family violence on the child's safety, security or well-being, whether the family violence is directed toward the child or another family member;

(h)whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child's needs;

(i)the appropriateness of an arrangement that would require the child's guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;

(j)any civil or criminal proceeding relevant to the child's safety, security or well-being.

If your guardianship application is denied you can apply for contact with your granddaughter. Family Law Act, section 59 says: "(1)On application, a court may make an order respecting contact with a child, including describing the terms and form of contact.

(2)A court may grant contact to any person who is not a guardian, including, without limiting the meaning of "person" in any other provision of this Act or a regulation made under it, to a parent or grandparent."

Finally, you cannot do any of the above until the child protective services are out of the picture and their application has been withdrawn, because those matters take precedence over private matters (i.e. the battle between you and the girl's father)

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Counsel Creed, Expert

Hi, again. Do you have more questions for me?

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Counsel Creed, Expert

If you have no more questions, have a great day and stay safe! Feel free to post any further inquiries, should you have them.

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