I want to adopt my nephew

Q: Dear Mrs Macaulay,A: As your nephew is now 16 years old, you must move very fast. You must retain the services of a lawyer to make an urgent application for you in the Supreme Court of Judicature of Jamaica for the following orders:

I would like some advice on how to adopt my 16-year-old nephew. I was his guardian for eight years. His mother, my younger sister, was not able to take care of him mentally, physically and financially so I took him to live with me. He was living with me up until I left Jamaica in September 2014 and so he had to go live with his mother. His mother is trying her best but I would like to have him with me because we share a bond and I think of him as my son. She is willing to let me adopt him but I am now living in Canada. My permanent resident application is being processed and I would like to add him to it. Please give me your advice.

1. First, that you be appointed the legal guardian of your nephew;

2. Second, that you be granted sole custody, care and control of your nephew;

3. Third, that you as a result have the authority and be at liberty to take your nephew to reside in Canada with you;

4. And finally, any other orders which to the judge thinks is just.

You would be the claimant and your younger sister, his mother, would be named the defendant.

Your application must be supported by your affidavit, in which you must state all the relevant facts about you and about your nephew, his years of living with you, the circumstances of his mother, your sister, that caused you to take charge of him and have him live with you, and the full number of years. You must also clearly state your wish and intent to have him live with you in Canada and to adopt him. You must also clearly state that your application for permanent residence is being processed and you wish to and need to add him to the application, which therefore makes the making of the orders you seek a matter of the utmost urgency.  You can and indeed should also state that your sister, his mother, has informed you and you believe her that she is in full agreement with you having these orders made in your favour and for you to adopt him.

You should have identified a school for him to attend and have them give you a letter stating that they have offered him a place. Also specify the church he will attend and obtain religious education and whether or not he is of good health or suffers from any disease or condition. You also have to give a detailed account of your home and its amenities, whether he will be the only child living there with you, and whether he would have his own room.

In your affidavit, you must also exhibit a copy of the certified copy of your nephew’s birth certificate.

You should also do an ‘Affidavit of Urgency’ to give details of the reason why the application ought to be treated with the utmost urgency and so given an early date for hearing.

Finally, your sister must complete and file the Acknowledgement of Service form which would be served on her and her Affidavit in Reply, in which she must make clear that she is in agreement with your application for the respective orders being granted and made by the court.

She can also, from her point of view, state why the matter ought to be dealt with as urgently as possible, based on the fact that her home and circumstances are not such as she would wish her son to be exposed for any further length of time. She should state also that it is in her son’s best interests for the orders to be made as quickly as possible; in other words, sooner rather than later.

You should also take steps to commence your adoption application, time is not on your side. You must obtain from the Adoption Board, at 48 Duke Street, Kingston, a Pre-Adoption Information Form, which you must complete, sign and submit to the Child Development Agency (CDA) to be reviewed and approved for further processing of your adoption of your nephew. You again must make clear that because of your nephew’s age and the processing of your permanent resident application to which he must be added, your application should be treated as one of urgency, in the best interests of the child.

You will, of course, make clear that he had lived with you for eight years until the date of your departure for Canada in September last year. You must, however, make absolutely sure that you submit all the relevant and necessary documents to the CDA. You would be sent the list of and all the necessary forms and information of the steps and processes.

So you will have the court application and your adoption application ongoing together. However, once you obtain your court orders, which you will obtain first, you can apply for a visa for you nephew to travel to Canada to be with you or join him in your application, whatever the Canadian authorities direct you can do.  You will have a legal order of custody, care and control, and of legal guardianship, which entitles you to travel with him and/or to have him reside with you upon your obtaining the proper visa or permanent residence.

I hope I have assisted you and that you will act immediately by first having your application filed in court and following this with your adoption application.

Good luck to you and your nephew.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver. com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.