Residency should be flexible in adoption of adult child
From this week’s article on AdvocateDaily, by our own Timothy Sullivan:
Judicial discretion should be exercised if someone wants to adopt an adult child from another jurisdiction, says Ottawa family lawyer and civil litigatorÂ Timothy N. Sullivan.
So when Justice Bruce E. PugsleyÂ said heÂ could not grant an adoption order of a step-daughter because the intended step-father, a 71-year-old man, lived in Newfoundland and not Ontario, the law was followed but â€œjustice might not have necessarily been done,â€ Sullivan says.
â€œThere is a pride of place in saying, â€˜Thatâ€™s my dad,â€™â€ says Sullivan, principal ofÂ SullivanLaw, who comments generally and is not involved in the case. â€œThe intended step-daughter can say that, but itâ€™s not recognized in law until sheâ€™s adopted legally.â€
The result, Sullivan says, is the 48-year-old woman inÂ ReÂ G. (K.A.),Â 2015 ONCJ 615 (CanLII)Â who had fostered a relationship with her motherâ€™s husband, may have problems in the future if there is no will or one is invalid.
â€œThe legal effect of an adoption is minimal but itâ€™s still not zero,â€ he says. â€œShe wonâ€™t be accorded the benefit of being theÂ de factoÂ child of that prospective father or on a Family Law Act claim, for example.â€
To read more, check out the whole article on AdvocateDaily.