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Difference between revisions of "Indigenous Families"
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→Guardianship under the Family Law Act
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In addition to the usual rules dealing with guardianship under the ''[[Family Law Act]]'', members of Canada's First Nations are subject to an additional and unwelcome burden under the federal ''[http://canlii.ca/t/7vhk Indian Act]'', which allows the Minister of Aboriginal Affairs and Northern Development to appoint a person to be the guardian of the child. You should expect that this authority will only be exercised when both parents die without leaving a will that passes guardianship to some other person, or when there are serious concerns about the parents' ability to properly care for the child. | In addition to the usual rules dealing with guardianship under the ''[[Family Law Act]]'', members of Canada's First Nations are subject to an additional and unwelcome burden under the federal ''[http://canlii.ca/t/7vhk Indian Act]'', which allows the Minister of Aboriginal Affairs and Northern Development to appoint a person to be the guardian of the child. You should expect that this authority will only be exercised when both parents die without leaving a will that passes guardianship to some other person, or when there are serious concerns about the parents' ability to properly care for the child. | ||
Where there is an application for guardianship of a treaty First Nation child, under ss. 208 and 209 of the ''[[Family Law Act]]'': | Where there is an application for guardianship of a treaty First Nation child in a family law court proceeding, under ss. 208 and 209 of the ''[[Family Law Act]]'': | ||
#the First Nation government must be served with notice of the application, | #the First Nation government must be served with notice of the application, | ||