Legal advice regarding adoption and people with disabilities.
Hello,
I am seeking legal advice regarding a family support situation involving my common-law partner, and we also have a child together.
My partner has been financially and practically supported by her father due to ongoing medical needs, including FASD (Fetal Alcohol Spectrum Disorder) and related mental health challenges. He is now retiring and moving to Panama, and we are concerned about how this will affect her ongoing support.
Under the Divorce Act, we believe she may be considered a child of marriage due to her ongoing dependency. Our primary concern is ensuring that any current stipulations for financial support are formalized and made enforceable, so they cannot be unilaterally reduced or stopped when he leaves the country. If this results in additional support obligations being recognized, we understand that would follow the legal determination.
We are also concerned about current conditions attached to financial support and would like advice on whether any of these arrangements raise legal issues.
In addition, I would like to know whether, if I am diagnosed with a disability, I could still assist her more formally in the process, including whether I could apply to act as a litigation guardian, if required, and what the requirements or limitations would be in that situation.
We are not trying to create new claims unnecessarily, but we want clarity and protection so she is not left without support if there is an ongoing legal obligation.
Please let us know if you can assist.
Thank you
Location: Ontario Canada in