Generally, parents of children are legally responsible to provide them with care, and to make decisions about their health, education, etc. However, when parents are unable to care for their children, whether Child and Family Services is involved or not, there are options available to those close to these children.
In most cases, guardianship applicants are family members or foster parents, but this is not a legal necessity. In Manitoba, any adult other than the parents of a child can apply for guardianship of that child. In some cases, there is more than one guardianship applicant for a child.
Only a court can pronounce an order for guardianship of a child, and the only consideration is the best interests of the child. Once a guardianship order is granted, the guardian has care and control of the child, and is responsible for all aspects of their well-being.
A guardianship order can be terminated or set aside by the court at the request of the parents, other guardianship applicants, or guardians themselves.
Whether you want to apply for guardianship of a child, set aside an order of guardianship that was already granted, or to oppose someone else seeking guardianship of a child, FM Law can help you. Our lawyers have extensive experience in guardianship matters, and have successfully completed several guardianship cases for family members and foster parents alike.
Give us a call today to discuss your matter.