Acts and Regulations

F-2.2 - Family Services Act

Full text
Custody and guardianship agreements
Repealed: 2023, c.36, s.13
2023, c.36, s.13
44Repealed: 2023, c.36, s.13
1990, c.25, s.9; 2007, c.20, s.3; 2010, c.8, s.11; 2016, c.37, s.66; 2023, c.36, s.13
Custody and guardianship agreements
44(1)Subject to the provisions of this Part, the Minister may
(a) enter into a custody agreement with the parent of a child to accept the transfer of the custody, care and control of the child;
(b) enter into a guardianship agreement with the parent of the child to accept the transfer on a permanent basis of the guardianship of the child, including the custody, care and control of, and all other parental rights and responsibilities with respect to, the child.
44(1.1)The Minister shall before entering into a guardianship agreement advise the parent of the child to obtain legal counsel and obtain from the parent a written acknowledgement that the parent has been so advised.
44(2)The Minister shall not enter into an agreement
(a) subject to subsection (3), where a parent is unwilling or unable to enter into the agreement;
(b) where the Minister is unable to meet the needs of the child; or
(c) where the Minister is of the opinion that one or both parents are unable to understand or unable or unwilling to fulfill the terms of an agreement,
and shall not enter into an agreement under paragraph (1)(b) where it is uncertain who the parent is.
44(2.1)The Minister shall not enter into a guardianship agreement unless
(a) Repealed: 2010, c.8, s.11
(b) the Minister obtains from the parent a written acknowledgment that the parent has been advised to seek legal counsel before entering into a guardianship agreement, and
(c) the child is at least four days old.
44(3)A custody agreement is valid notwithstanding that one parent is not a party to the agreement, if the parent who is not a party
(a) has abandoned or deserted the child;
(b) cannot be located after all reasonable attempts have been made to find the parent;
(c) is not readily accessible to sign the agreement;
(d) has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child and remains incapable at the time the agreement is entered into;
(e) while liable to maintain the child has neglected or refused to do so; or
(f) has not had an ongoing parental relationship with the child and any delay in entering into the agreement would be detrimental to the best interests of the child.
1990, c.25, s.9; 2007, c.20, s.3; 2010, c.8, s.11; 2016, c.37, s.66
Custody and guardianship agreements
44(1)Subject to the provisions of this Part, the Minister may
(a) enter into a custody agreement with the parent of a child to accept the transfer of the custody, care and control of the child;
(b) enter into a guardianship agreement with the parent of the child to accept the transfer on a permanent basis of the guardianship of the child, including the custody, care and control of, and all other parental rights and responsibilities with respect to, the child.
44(1.1)The Minister shall before entering into a guardianship agreement advise the parent of the child to obtain legal counsel and obtain from the parent a written acknowledgement that the parent has been so advised.
44(2)The Minister shall not enter into an agreement
(a) subject to subsection (3), where a parent is unwilling or unable to enter into the agreement;
(b) where the Minister is unable to meet the needs of the child; or
(c) where the Minister is of the opinion that one or both parents are unable to understand or unable or unwilling to fulfill the terms of an agreement,
and shall not enter into an agreement under paragraph (1)(b) where it is uncertain who the parent is.
44(2.1)The Minister shall not enter into a guardianship agreement unless
(a) Repealed: 2010, c.8, s.11
(b) the Minister obtains from the parent a written acknowledgment that the parent has been advised to seek legal counsel before entering into a guardianship agreement, and
(c) the child is at least four days old.
44(3)A custody agreement is valid notwithstanding that one parent is not a party to the agreement, if the parent who is not a party
(a) has abandoned or deserted the child;
(b) cannot be located after all reasonable attempts have been made to find the parent;
(c) is not readily accessible to sign the agreement;
(d) has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child and remains incapable at the time the agreement is entered into;
(e) while liable to maintain the child has neglected or refused to do so; or
(f) has not had an ongoing parental relationship with the child and any delay in entering into the agreement would be detrimental to the best interests of the child.
1990, c.25, s.9; 2007, c.20, s.3; 2010, c.8, s.11
Custody and guardianship agreements
44(1)Subject to the provisions of this Part, the Minister may
(a) enter into a custody agreement with the parent of a child to accept the transfer of the custody, care and control of the child;
(b) enter into a guardianship agreement with the parent of the child to accept the transfer on a permanent basis of the guardianship of the child, including the custody, care and control of, and all other parental rights and responsibilities with respect to, the child.
44(1.1)The Minister shall before entering into a guardianship agreement advise the parent of the child to obtain legal counsel and obtain from the parent a written acknowledgement that the parent has been so advised.
44(2)The Minister shall not enter into an agreement
(a) subject to subsection (3), where a parent is unwilling or unable to enter into the agreement;
(b) where the Minister is unable to meet the needs of the child; or
(c) where the Minister is of the opinion that one or both parents are unable to understand or unable or unwilling to fulfill the terms of an agreement,
and shall not enter into an agreement under paragraph (1)(b) where it is uncertain who the parent is.
44(2.1)The Minister shall not enter into a guardianship agreement unless
(a) Repealed: 2010, c.8, s.11
(b) the Minister obtains from the parent a written acknowledgment that the parent has been advised to seek legal counsel before entering into a guardianship agreement, and
(c) the child is at least four days old.
44(3)A custody agreement is valid notwithstanding that one parent is not a party to the agreement, if the parent who is not a party
(a) has abandoned or deserted the child;
(b) cannot be located after all reasonable attempts have been made to find the parent;
(c) is not readily accessible to sign the agreement;
(d) has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child and remains incapable at the time the agreement is entered into;
(e) while liable to maintain the child has neglected or refused to do so; or
(f) has not had an ongoing parental relationship with the child and any delay in entering into the agreement would be detrimental to the best interests of the child.
1990, c.25, s.9; 2007, c.20, s.3; 2010, c.8, s.11
Custody and guardianship agreements
44(1)Subject to the provisions of this Part, the Minister may
(a) enter into a custody agreement with the parent of a child to accept the transfer of the custody, care and control of the child;
(b) enter into a guardianship agreement with the parent of the child to accept the transfer on a permanent basis of the guardianship of the child, including the custody, care and control of, and all other parental rights and responsibilities with respect to, the child.
44(1.1)The Minister shall before entering into a guardianship agreement advise the parent of the child to obtain legal counsel and obtain from the parent a written acknowledgement that the parent has been so advised.
44(2)The Minister shall not enter into an agreement
(a) subject to subsection (3), where a parent is unwilling or unable to enter into the agreement;
(b) where the Minister is unable to meet the needs of the child; or
(c) where the Minister is of the opinion that one or both parents are unable to understand or unable or unwilling to fulfill the terms of an agreement,
and shall not enter into an agreement under paragraph (1)(b) where it is uncertain who the parent is.
44(2.1)The Minister shall not enter into a guardianship agreement unless
(a) the Minister plans to place the child for adoption,
(b) the Minister obtains from the parent a written acknowledgment that the parent has been advised to seek legal counsel before entering into a guardianship agreement, and
(c) the child is at least four days old.
44(3)A custody agreement is valid notwithstanding that one parent is not a party to the agreement, if the parent who is not a party
(a) has abandoned or deserted the child;
(b) cannot be located after all reasonable attempts have been made to find the parent;
(c) is not readily accessible to sign the agreement;
(d) has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child and remains incapable at the time the agreement is entered into;
(e) while liable to maintain the child has neglected or refused to do so; or
(f) has not had an ongoing parental relationship with the child and any delay in entering into the agreement would be detrimental to the best interests of the child.
1990, c.25, s.9; 2007, c.20, s.3
Custody and guardianship agreements
44(1)Subject to the provisions of this Part, the Minister may
(a) enter into a custody agreement with the parent of a child to accept the transfer of the custody, care and control of the child;
(b) in respect of a child under the age of six months, enter into a guardianship agreement with the parent of the child to accept the transfer on a permanent basis of the guardianship of the child, including the custody, care and control of, and all other parental rights and responsibilities with respect to, the child.
44(1.1)The Minister shall before entering into a guardianship agreement advise the parent of the child to obtain legal counsel and obtain from the parent a written acknowledgement that the parent has been so advised.
44(2)The Minister shall not enter into an agreement
(a) subject to subsection (3), where a parent is unwilling or unable to enter into the agreement;
(b) where the Minister is unable to meet the needs of the child; or
(c) where the Minister is of the opinion that one or both parents are unable to understand or unable or unwilling to fulfill the terms of an agreement,
and shall not enter into an agreement under paragraph (1)(b) where it is uncertain who the parent is.
44(2.1)The Minister shall not enter into a guardianship agreement unless
(a) the Minister plans to place the child for adoption, and
(b) the Minister obtains from the parent a written acknowledgment that the parent has been advised to seek legal counsel before entering into a guardianship agreement.
44(3)A custody agreement is valid notwithstanding that one parent is not a party to the agreement, if the parent who is not a party
(a) has abandoned or deserted the child;
(b) cannot be located after all reasonable attempts have been made to find the parent;
(c) is not readily accessible to sign the agreement;
(d) has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child and remains incapable at the time the agreement is entered into;
(e) while liable to maintain the child has persistently neglected or refused to do so; or
(f) has not had an ongoing parental relationship with the child and any delay in entering into the agreement would be detrimental to the best interests of the child.
1990, c.25, s.9