One of the issues on which I often receive inquiries is the issue of legal guardianship of children. Often this is because a parent`s sibling is interested in becoming the legal guardian of a niece or nephew, sometimes with the intention of living that child outside of Jamaica. In some cases, a guardianship order is sought by a complete stranger. If you and the parents have agreed that they will have some access, you must also indicate this as well as the conditions. Your application and affidavit for assistance must be given to the parents, and it would be wise for them to respond and make a joint affidavit stating the reasons why they have accepted the agreement with you for their child and believe it is in the best interests of the child. You must therefore file your application with the Supreme Court in order to have exclusive custody, custody and control of the child. This gives you the legal authority to make all decisions regarding the well-being and development of the child. The Care and Control Order allows you to let the child live legally with you during his or her minority (and after the age of 18, if the child so wishes, with your consent). As I said, you can request an appointment as the child`s guardian and thus ensure your peace of mind. What is the difference between adoption and becoming a legal guardian? – Legal guardianship may offer the child limited rights with the biological parents, while adoption completely terminates the right of the biological parents and they cannot claim these rights later.
For example, when a child is adopted, his or her name is changed and sealed at birth and a new certificate is issued in the name of the adoptive parents. In the case of legal guardianship, the child`s name remains that of his or her legal or biological parent. With an adoption, you do not need to hire a lawyer, as the process is fully facilitated by the Child Protection and Family Services Agency (CPFSA). For the adoption order, the applicant is interviewed by the CPFSA and the house and community are visited. Several supporting documents are required to demonstrate that the applicant has the means to provide adequate care and care to the child. Once everything is verified, the application is submitted to the adoption committee for approval. Upon receipt of approval from the adoption committee, the CPFSA then applies to the court for the adoption order. From what you said, you can help them hire their own independent counsel to prepare and file their response, and explain the legal consequences of the orders requested in your application. They should attend the hearing in the chambers of the Supreme Court on the date set for that purpose, so that the judge can answer any questions deemed necessary for all parties. (a) arrange for the adoption of children and, for that purpose, for the receipt of applications from parents, guardians and adoptive parents.
Your nephew`s situation is urgent because you say he is 17 years old. You, your sister and your mother must use the services of a lawyer to file an urgent application for custody, care and control, and guardianship – immediately, as you must receive these orders before he turns 18. All or one of you may be the candidate or candidates. If you all decide that you will be the sole applicant, your sister and mother can file a joint affidavit in which they refer to the facts of their support and full assistance in the care, parenthood and responsibility of your nephew. 12.–1.Subject to the provisions of this section, the Court may, on application for the adoption of an adoption decision, postpone the decision on the application and issue an interim injunction awarding custody of the child to the applicant for a maximum period of two years as a trial period, under the conditions permitting maintenance, the education and monitoring of the best interests of the child and, by the way, as the court may find just. Margarette May Macaulay is a lawyer, Supreme Court mediator, notary and advocate for women`s and children`s rights. Email your questions to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses will be published. Ms. Macaulay cannot give personal answers.
5. Parents must respond to requests for legal guardianship; The child must be independently represented when the application is made by the proposed guardian, and any parental consent must be demonstrated as informed consent, whether by independent legal advice or otherwise. The child`s parents will be the defendants in your claim because they have the legal right to custody, care and control of the child, and the court must ensure that they are free to pass these rights on to you and that you have accepted it. This section allows the Court of Justice to issue interim measures when an adoption decision has been requested.
