Custodial Guardianship

Get your documents notarized from the comfort of your home. We bring legal expertise to you in the most convenient and affordable way.

Custodial Guardianship for International Students

Axess Law’s licensed notary publics in Greater Toronto can notarize documents pertaining to custodial guardianship for private school students living in Canada. Custodial guardianship obligations exist whenever:

  • international scholarships are given for study in Canada
  • Canadian relatives invite foreign students to study internationally 
  • a private school offers residential accommodation and adult supervision
  • a friend arranges for your child to live with them
  • you own a house or condo in Canada where they can live. 

If that applies to your situation, Axess Law’s professional notary services can notarize custodianship declaration form IMM 5646 for you. We can meet with you on virtual video calls from your country of residence to notarize immigration forms remotely. Or you can visit our Toronto area law offices in person when you get a temporary visitor visa to make schooling and housing arrangements for minor children.

How It Works

01

Book Your Appointment

Click on ‘Get Started’ to submit your details. Our client care team will contact you shortly to schedule your appointment with the lawyer

02

Meet Your Lawyer

During your virtual or in-person appointment, our notary public will verify your identity using a valid government-issued photo ID. 

03

Get Your Documents

The process is completed within 5-10 minutes, in which we will verify your signature and put our official seal on the document.

Documents We Need

If you decide to notarize a document for custodial guardianship, bring the following to your online video call or in-person appointment with an Axess Law Ontario notary public:
  • Driver’s license
  • Canadian passport
  • Ontario photo card
  • Canadian citizenship card with photo
  • PR card with photo.
Your lawyer will need the names, addresses and phone numbers of both parents and/or legal guardians who are authorized to care for your child.

Guardianship of Foreign Students

Foreign nationals under 18 need parental permission to visit, study, live, or work in Canada. Canada’s international border service, Immigration, Refugees and Citizenship Canada (IRCC), may make exceptions for minors 17 and up, but entry to Canada without a parent, legal guardian or custodian is not guaranteed. The Government of Canada requires you to make student guardianship arrangements before your child relocates to ensure they will be properly cared for while living away from home.

Who Can Be a Custodian in Canada?​

The custodian you choose must be a responsible adult and Canadian citizen or permanent resident (PR). They must agree to take care of and support your minor child while they are in Canada.

Private School Guardians: Private schools that provide onsite, residential accommodation, and supervision for minors act as their custodian while in Canada.

Relatives or Friends: Before you consent to a relative or friend being your child’s guardian, be sure your child is comfortable with the arrangement. 

Guardianship Services: Private guardianship services in Ontario can be arranged for a fee, negotiated between you and the company you select.

Appointing a Custodian for International Students

Any responsible adult in Canada can be custodian to minor children under 17 or, if required by Immigration, Refugees and Citizenship Canada (IRCC), up to age 19:

Extended family like grandparents

Friends you know and trust

Business associates

Agencies that provide custodial services for a fee

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Convenient Appointments

Make an appointment by calling +1.877.402.4207 or fill out our online booking form. Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, at times convenient for you. We can meet in person, by phone, email, or via a remote video call. Axess Law has 5 offices located across the Greater Toronto Area – all with onsite parking or easily accessible by public transit.

Some FAQs

Concerns a custodial guardian is unsuitable or untrustworthy can be fixed by revoking parental permission to be legal guardian for your child. You must have alternate arrangements in place to revoke custodial guardianship or travel to Canada yourself to take custody of your child. We make referrals to qualified immigration lawyers if you are summoned for immigration hearings or IRCC officers refuse custodial guardianship requests.
Visitor visas or study permits and custodial guardianship forms are required before minors under 18 can be accepted into Canada. Axess Law has professional notary publics in Greater Toronto Area who can notarize immigration forms for private school students or international study. Your child may need a school letter of acceptance and confirmation of an approved COVID-19 readiness plan for their designated learning institution (DLI) before applying for study permits. Mandatory quarantine, travel, and health restrictions may apply while they are here.
An affidavit is like testifying in court, except it’s written. Remember that you are giving a factual account of what you know or information someone has told you (include their name). You can make a joint affidavit with others, as long as you all sign it. Use the first person (“I saw”) and a single paragraph for each fact. Number the paragraphs and use sections and a table of contents if it is long. Give exhibits such as emails a letter for each paragraph, starting with “A” and going to “Z” or as many letters as needed. The notary or commissioner of oaths will do the rest.

You need an affidavit in support of a claim for custody. Having decision-making responsibility for your child enables you to be involved in health care, education, religious or spiritual choices, and extracurricular activities. Your affidavit informs the judge how you plan to care for your child and why it will benefit them. It includes details about any abuse or violence your family has suffered and who lives in your household. Inform the court if you have been involved in other court cases. If your child has special needs, include this in your affidavit. A notary public can witness, sign, and seal your affidavit for you.