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Custodianship Declaration Template for Canada

A legal document used in Canadian jurisdictions to establish temporary custodianship of a minor child, typically for international students or temporary care arrangements. The declaration formally transfers specific guardianship rights and responsibilities from the natural parents or legal guardians to an appointed custodian in Canada. The document must comply with both federal immigration requirements and provincial family law regulations, requiring proper notarization and including comprehensive details about the rights, responsibilities, and duration of the custodianship arrangement.

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What is a Custodianship Declaration?

The Custodianship Declaration is a crucial document in Canadian immigration and education contexts, particularly when minor children need to be under the care of someone other than their parents or legal guardians while in Canada. This document is commonly required for international students under the age of majority who are studying in Canada, or in situations where temporary guardianship needs to be established. The declaration must comply with requirements set by Immigration, Refugees and Citizenship Canada (IRCC) and provincial authorities. It includes detailed information about all parties involved, specific powers granted to the custodian, duration of the arrangement, and various authorizations for medical, educational, and other decisions. The document requires proper notarization and is typically accompanied by supporting documentation such as identification documents and proof of the custodian's status in Canada.

What sections should be included in a Custodianship Declaration?

1. Parties: Identifies all parties involved: the minor child, natural parent(s)/legal guardian(s), and the appointed custodian(s)

2. Background: Explains the context and purpose of the custodianship arrangement

3. Definitions: Defines key terms used throughout the declaration

4. Term of Custodianship: Specifies the duration of the custodianship arrangement, including start and end dates

5. Custodian's Rights and Responsibilities: Details the specific powers and duties granted to the custodian

6. Parent/Guardian's Declarations: Formal statements by parents/guardians confirming their consent and understanding

7. Custodian's Declarations: Formal statements by custodian accepting responsibilities and confirming capabilities

8. Child's Information: Detailed information about the minor child including full legal name, date of birth, and nationality

9. Emergency Authorization: Grants authority for medical and emergency decisions

10. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Custodianship Declaration?

1. Education Authorization: Specific authorities related to school enrollment and educational decisions, used when the primary purpose is for education

2. Travel Authorization: Permission for domestic or international travel, included when the child may need to travel during the custodianship period

3. Financial Arrangements: Details of financial responsibilities and arrangements, included when specific financial terms need to be documented

4. Temporary Living Arrangements: Details of where the child will reside, included when housing arrangements need to be specified

5. Termination Provisions: Specific conditions for early termination, included when parties want to specify circumstances for ending the arrangement

6. Communication Protocol: Guidelines for communication between custodian and parents, included when specific communication requirements exist

What schedules should be included in a Custodianship Declaration?

1. Schedule A - Identification Documents: Copies of passport, birth certificate, and other identification documents for all parties

2. Schedule B - Contact Information: Detailed contact information for all parties, including emergency contacts

3. Schedule C - Medical Information: Child's medical history, allergies, and health insurance information

4. Schedule D - School Information: Details of educational institution and program (if applicable)

5. Schedule E - Proof of Custodian's Status: Documentation proving custodian's Canadian citizenship or permanent residence status

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Document Type

Declaration Form

Cost

Free to use

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