I want custody of my daughter

Good day,

I would like to know how do I go about filing for custody for my daughter, who will be 15 in December?

Her father wants her to stay there with him in Canada. But I want her to finish her school here in Jamaica which will be in another two years. Furthermore, he has not been maintaining her for the last 10 years of her life. He has not played any part in her development at all. I tried going to the family court here in Jamaica, but they are saying that there is no agreement between Jamaica and that province in Canada. So, I am asking if there is a way for me to do so or is it a hopeless case?

I await your response.

Thank you.

Concerned parent

Dear concerned parent,

It would be important for me to know which province in Canada you refer to in your question. Jamaica and Canada have reciprocal enforcement agreements with regards to family court orders.

It appears your daughter is now in Canada with her father. What is her status in Canada at the moment and how long has she been in Canada? If she is just visiting, then she will not be able to stay in Canada indefinitely. Usually, she would only be able to stay for the period allotted to her on her visa unless they seek an extension. Her father will have to apply for her to become a permanent resident and this will involve your consent since you are her mother and she is under 18.

You should go to a family lawyer in Jamaica for advice with respect to applying for an order for support and custody for your daughter. If your daughter ordinarily resides with you in Jamaica, as appears to be the case, you should make an application in Jamaica for an order granting you custody of your daughter. Then, you will have to hire a lawyer in Canada to obtain an order from the Canadian court for custody, based on the order from the court in Jamaica. Based on the fact she has been residing with you and that you have been providing for her without assistance from her father, this should not be a problem. On the other hand, based on this same narrative, it is hardly likely that her father would be successful in gaining a custodial order in any jurisdiction. All of this of course is predicated on your daughter's wishes. At her age, she can in effect choose for herself.

Sharon Ffolkes-Abrahams is a barrister/solicitor of bars in Jamaica and Ontario, Canada. She is president of the Jamaican Diaspora Canada Foundation and former counsel at the Ontario Human Rights Commission. Email: info4immigration@gmail.com or editor@gleanerjm.com.