I'm looking for some guidance on filing a claim under the Family Law Act. I would like to obtain sole guardianship of my

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Customer: Hi there, I'm looking for some guidance on filing a claim under the Family Law Act. I would like to obtain sole guardianship of my 5 month old son. My child and I reside in AB while the respondent (father) is in Barrie, Ontario.
JA: Have any guardianship papers been filed in Ontario family court?
Customer: No ma'am
JA: Do the biological parents consent to the guardianship?
Customer: Yes we both do
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of.
Answered by Legal Ease in 22 mins 11 months ago
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Jessica

Jessica

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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Hi there! Thank you.
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Legal Ease, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

If the father actually consents then why do you want  to start a claim?

Customer
I’ll provide a bit more detail of the situation.
I have a son, born June 13th 2021.
The father & I lived together, but for only a short time about 6 months. We were never married & he moved to Ontario (ending our relationship) before our son was born. I have been the sole guardian since. The father has visited once when our baby was 2 weeks old.Now, the father is telling me he wants nothing to do with our child or me. He doesn’t want to have to pay child support either.
Although, in the past, he had threatened to take my son away from me. That is why I would like to have legal papers stating that I am the sole guardian.
Customer
I’m hoping I can start another claim regarding child support as well.
But first & foremost I would like to have written legal papers stating I have sold guardianship of my son.
I guess I’m wondering, what is the respondent required to do? Is it as simple as him signing papers?
Customer
Sole** guardianship. Sorry
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Legal Ease, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

You can ask the father to consent but what you should know is that no matter what the agreement is and no matter what the order is he can always bring an application to vary the order based on a material change of circumstance because nothing with respect to children is ever etched in stone so it isn't the most important thing for you to have an order or agreement in your hand right now. In fact the longer that the status quo is maintained the stronger your case would be if he ever tries to change anything.

Whether you have an order relating to custody or not child support is mandatory and he still has to pay support. But since he lives across the country I don't think you really have to worry about him threatening to get joint custody if you go after him for support.

Why don't you have a consultation with a family lawyer in your city?  I think that's your best next step.

Does that make sense?

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Legal Ease, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
Not that I can think of. Thanks
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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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