Knowledge Center

A:  The services of a notary public are essential for various reasons, particularly when it comes to immigration matters for minors under 18 seeking admission to Canada. At Notary Services Richmond Hill, we have experienced notary publics available who specialize in notarizing immigration forms, specifically for private school students and those pursuing international studies.

Before your child can apply for study permits or visitor visas,  they may be required to provide specific documentation, including a school letter of acceptance and confirmation of an approved COVID-19 readiness plan for their designated learning institution (DLI). Additionally, while in Canada, your child may be subject to mandatory quarantine, travel restrictions, and health-related protocols.

Our notary publics play a crucial role in ensuring that your immigration forms are properly notarized, helping to facilitate the necessary processes for your child's education and stay in Canada.

A:  An affidavit is often required for Custodial Guardianship for several important reasons:

Legal Documentation: Custodial guardianship is a formal legal arrangement, and an affidavit serves as a critical legal document that outlines the facts and details surrounding the guardianship.

Evidence of Consent: In cases where parents or legal guardians are entrusting their child's care to another individual or entity, an affidavit demonstrates their consent and intent. It serves as evidence of their agreement to the custodial arrangement.

Child's Best Interests: The court or relevant authorities involved in custodial guardianship decisions need to ensure that the arrangement is in the best interests of the child. An affidavit can provide information about why the custodial arrangement is necessary and how it benefits the child.

Accountability and Responsibilities: The affidavit can outline the responsibilities and duties of the custodial guardian, including their commitment to the child's well-being, care, education, and any other specific needs.

Safety and Welfare: It may include information about the child's living environment, safety measures, and the ability of the custodial guardian to provide a stable and nurturing home.

Legal Formality: An affidavit adds a level of legal formality to the custodial guardianship process, ensuring that all parties involved understand and acknowledge their roles and responsibilities.

Court or Administrative Proceedings: In some cases, custodial guardianship decisions may be subject to court or administrative review. An affidavit can be used as evidence during these proceedings to support the custodial arrangement.

In summary, an affidavit for Custodial Guardianship is a crucial legal document that helps establish the legal basis for the custody arrangement, provides evidence of parental consent, and ensures the well-being and best interests of the child. It's an essential part of the formalization and documentation of custodial guardianship.

A:  When creating an affidavit, you are essentially providing written testimony. Here are the key steps to follow:

Factual Account: Begin by clearly stating that you are providing a factual account of your knowledge or information you have received, including the source's name if applicable.

Joint Affidavit: If multiple individuals are involved, you can create a joint affidavit, but ensure that all parties sign it.

First-Person Perspective: Write in the first person, using phrases like "I saw" or "I heard." Dedicate a single paragraph to each specific fact you wish to convey.

Paragraph Numbering: Number your paragraphs sequentially to maintain clarity and organization.

Sections and Table of Contents: If your affidavit is lengthy and covers multiple topics, consider using sections and a table of contents to facilitate navigation.

Exhibits: If you need to include supporting documents like emails, label them with letters (e.g., "Exhibit A," "Exhibit B"), correlating each exhibit to the relevant paragraph in your affidavit.

Notary or Commissioner: Once you have prepared your affidavit, our notary or commissioner of oaths will oversee the notarization process and handle the required formalities.  

By following these steps, you can create a well-structured and legally valid affidavit. For more information on how to draft an affidavit, click here. 

 A: When creating an affidavit to support a child custody claim in family court, it is crucial to provide detailed and persuasive information. Below is a guide on what to include in your affidavit:

Custody Objectives: Clearly state your desire to have decision-making responsibility for your child, highlighting the importance of being involved in critical aspects of their life, such as healthcare, education, religious or spiritual choices, and extracurricular activities.

Child's Best Interests: Explain why having custody of your child would be in their best interests. Detail how your involvement in their life will contribute to their well-being and development.

Family Dynamics: Provide an overview of your family's living arrangements, including who resides in your household, to give the court a sense of your child's living environment and support system.

Abuse or Violence: If your family has experienced any abuse or violence, provide information about these incidents. This can help the court assess the safety and welfare of your child.

Legal History: Inform the court if you or the other party involved in the custody dispute have been part of previous court cases, especially those related to family matters. This context can be relevant in the court's decision-making process.

Child's Special Needs: If your child has any special needs, medical conditions, or educational requirements, be sure to include this information. Explain how you are equipped to meet these needs and provide the necessary care and support.

Notary Public Services: To ensure the legal validity of your affidavit, consider having it witnessed, signed, and sealed by a notary public. We can help authenticate your affidavit for court submission.

By incorporating these elements into your affidavit, you can present a compelling case to the court, outlining your suitability as a custodial parent and demonstrating your commitment to your child's well-being.

A: As previously mentioned, when a reliable adult is selected to be a custodian for underage children, they are entrusted with specific legal and ethical responsibilities regarding the children's care and welfare. In this context, the term "responsible adult" generally refers to an individual who is dependable and trustworthy.

Legal Capacity: The responsible adult must have the legal capacity to make decisions on behalf of the minor children. This includes making decisions related to their health, education, living arrangements, and other essential aspects of their lives.

Care and Supervision: The custodian is responsible for providing a safe and supportive environment for the children. This includes ensuring their basic needs are met, such as food, shelter, clothing, and healthcare, as well as offering emotional support and supervision.

Education: The custodian may need to make decisions about the children's education, including enrolling them in school, assisting with homework, and supporting their educational goals.

Healthcare: The custodian should ensure that the children have access to necessary medical care, including regular check-ups and timely treatment in case of illness or injury.

Emotional Well-being: The responsible adult should promote the emotional and psychological well-being of the children, offering love, care, and a nurturing environment.

Financial Support: Depending on the circumstances, the custodian may also be responsible for managing the children's financial affairs and ensuring their financial needs are met.

Legal Representation: The custodian may need to act on behalf of the children in legal matters and make decisions that are in their best interests.

In summary, a "responsible adult" appointed as a custodian for minor children is someone who takes on the role of a caregiver and decision-maker, with the primary aim of safeguarding the children's welfare and ensuring their needs are met in all aspects of their lives. This responsibility is typically granted through a legal process and may be temporary or long-term, depending on the specific circumstances.

A: Custodial guardianship can indeed be revoked in certain circumstances. If you have concerns about the suitability or trustworthiness of your custodial guardian, you have the option to withdraw your parental permission for them to continue as the legal guardian of your child. However, you have to have alternative arrangements in place to ensure the welfare of your child.

To revoke custodial guardianship, you may need to travel to Canada yourself to take custody of your child or make alternative legal arrangements. In situations where you encounter immigration-related issues, such as being summoned for immigration hearings or facing refusals from IRCC officers for custodial guardianship requests, we can connect you with qualified immigration lawyers who can provide guidance and support.