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I have a problem. A very ugly, very big, just decided to try and eat my entire backstory problem.
I don’t even know how to research this. My internet dive was entirely unproductive, at least to me. It simply made me more aware of how big this story devouring problem is. And how little I understand legal documents. Especially when from other countries.
Without further ado, or bewailing on my part, here it is:
How does an Israeli/American get legal custody of a Canadian/American kid who’s parents just got murdered in Canada because of the father’s work in an anti-terrorist organization? Especially when the kid has Canadian extended family trying to fight for custody (although an existing Will denies them, and names the American as an option)? What are Canadian laws regarding Orphans (especially of tragedy)? How will the hours to weeks after the event pan out? Which Government declares Ward of State? The American is overseas at the time (worked with the kid’s dad) and it takes over 24 hours to get in contact with him. How does this complicate things?
A cup of tea is cheaper than therapy.
@linus-smallprint Calling on our local Canadian
I am out of signature ideas
I can ask a lawyer I know, but I’m pretty sure this isn’t his area of expertise…
?For our Blessed Lady's sake, bring us in good ale!?
Any call for assistance is greatly appreciated. I have no clue who to tag.
(Totally didn’t freak out when I realized that since this book is technically set in the real world it has to at least look believable, and I can’t just write the law myself. Fantasy author problems)
Well, it wasn’t Google’s expertise either. Honestly if I could just figure out where to look, and how to understand what I find, I’ll be able to fight it out. I think.
A cup of tea is cheaper than therapy.
As someone who likes writing adoption tropes and found family, I sympathize. I’ve had similar problems, just not of this magnitude. If you end up finding the laws themselves, and if there are long documents to read online, I will be more than happy to take assignments and write up summaries of what I find..? XD That’s a weird offer, but I strangely enjoy the mundane side of story research. I don’t know if that’s any help.
I am out of signature ideas
The foreign element is the problem – otherwise if I knew where to look, I’d look.
I am out of signature ideas
That would be lovely. I might just have to recruit you, if I can find stuff.
I did find something called the Youth Act, but while it had a lot of instructions for foster organizations, it didn’t seem to have any for a kid who has no parents left.
A cup of tea is cheaper than therapy.
And technically he’s from Quebec, so some stuff is in French. Which is certainly interesting, just not helpful. O_o
A cup of tea is cheaper than therapy.
I don’t know. If you can’t find it anywhere else….ask AI and tell it to cite its sources. Then you can just read the sources instead of whatever baloney ChatGPT spits out XD
Pray, thou shalt simply add ketchup unto the mac'n'cheese.
I’ll ask dad.
He may know since he works in law and all that. And if he doesn’t, he may know who to ask or where to look.
It’ll have to be tomorrow though since he’s already at work.
And those who were seen dancing were thought to be insane by those who couldn't hear the music
Okay, thanks though. Neither do I.
*Uncertain laughter*
Hmmm, not a bad idea. I’ll look into that.
Alrighty. =)
Also not certain exactly how an ongoing murder investigation would pan out/effect things, when there’s no clear suspect or solid evidence besides the dad’s work (Parents were killed by a car bomb. Not much collateral damage. Dad was Canadian, Mom American).
A cup of tea is cheaper than therapy.
and anyone else interested.
(maybe @whalekeeper )
I showed this chat stream to my dad and this is what he wrote:
I am not a lawyer at all, let alone an international one. I deal in criminal law, not civil. The laws that deal with this issue are intestacy and estate laws, both of which are civil laws, so keep that in mind on my understanding. I am almost done settling an estate though and have some experience and knowledge due to dealing with that process and my own training in law.
The kid being in the United States and having an American parent will very likely mean the United States laws will apply, not the Canadian, especially if the kid is American. What standing does Canada have in this issue with those facts (this is somewhat rhetorical)? Within that, the probate and estate laws of the state and county of the parents’ residency would be the laws that would guide the process.
The Will will determine where the kid goes. If the Will is valid, the only argument by the extended family would be to try to invalidate the Will or present a different Will that they purport to have been created more recently than the one being used. If there was not a Will, this would go into probate and be a mess.
The only issues that could be posed by the open murder investigation (there would likely not be a murder investigation as they died in government service and likely by foreign government actions against our government) would come from the new guardian (Israeli guy) being considered a suspect in any way in the murder of the parents. There are not “murder” investigations when soldiers die in a foreign combat zone. This would have the same application. Not sure of the details of your story. The Israeli guy’s ability to BE a parent in light of his job could also be grounds for challenge. This could also be grounds for challenging the will by the Canadian extended family.
This does not guarantee there will not be a legal battle to some extent. Anyone can sue anyone for anything. Getting past the initial hearings where a determination of legal standing is another thing altogether. But, the Will declares the Israeli guy as the new guardian, so he will have temporary custody of the kid until/if the Canadian family hires an American lawyer and wins the case. (if they do at all) Otherwise the Will stands and he is the guardian. Case closed.
And those who were seen dancing were thought to be insane by those who couldn't hear the music
goodness. Took 5 tries to send this. Good thing I copied and pasted onto a doc before I tried.
And those who were seen dancing were thought to be insane by those who couldn't hear the music
Ah, that makes sense. The problem of which country would have legal authority was the part that stumped me, and I figured Canada, which leads to nothing because I know nothing about Canada.
I am out of signature ideas
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