If both you and your spouse pass away, the decision about who will care for your children will ultimately be made by the court.
However, you can significantly influence this decision in your Will, ensuring your children are cared for in the way you believe is best, whether you want your children to stay in Ontario or relocate to his or her province or country of origin.
Appointing Someone to Care for Your Children
You and your spouse can each include a provision in your Wills naming an individual to care for your minor children. You should also consider appointing a temporary person in Ontario to care for your children during the transition if you want them to relocate to another country. This ensures they have immediate care while travel and legal arrangements are being made. The named individual can take immediate responsibility for your children after your passing. However, they must apply to the court within 90 days to legally be able to be formally appointed to care for the child and make important decisions for them.
If You Want Your Children to Move the Country Where They Hold Citizenship
If you wish for your children to return to your country of origin, where they hold citizenship, you should appoint someone who resides there and is willing to care for them. Additionally, include clear instructions in your Will about why you want your children to relocate and how the transition should be handled.
Since legal systems differ, you should consult a lawyer in Ontario and your country of origin to ensure the guardianship is recognized and complies with the laws of both jurisdictions.
Factors the Court Will Consider
Ultimately, the court in Ontario will prioritize the best interests of your children when making an order about who will care for the children and make important decisions for them. Clear instructions in your Will, strong ties between the children and the person you are appointing, and legal compliance will make it more likely that your wishes are respected.
Steps to Take
- Choose someone carefully and discuss your wishes with them. If appropriate, choose a temporary individual, if the children will relocate to another country.
- Outline your plan, whether it is for your children to stay in Canada or move to another country, including the practical steps and support you will provide.
- Consult legal professionals in all relevant countries to ensure your Will is comprehensive and enforceable.
By planning ahead, you can help ensure that your children’s care aligns with your values and preferences, providing them with stability and support during a challenging time.
