Is Legal Guardianship Valid Internationally or Do I Have to Seek It in Both Countries

[pseudowolf]

My question involves guardianship in the State of: Utah

I am a Canadian marrying an American whose nephew is like a son to him. We are unable to adopt him b/c both parents are still alive but we would very much like him to come and live with us in Canada. He currently resides in Utah with his mother and sees his father on occasion. Both parents have agreed to let him live with us and are willing to give me (his aunt by marriage) guardianship of their son. I am wondering if this agreement (once approved by the court) is binding internationally or if we will also have to file papers in Canada to ensure my guardianship is recognized here as well.

Lastly, will there be an issue for the court granting guardianship of the minor to me - someone clearly out of state and related only by marriage? He wants to come and is looking forward to signing the papers himself as he will be 15 shortly and can make a recommendation to the courts himself.

Thanks for any light you can shed on this.

~Wolf

[Mr. Knowitall]

It's great that you want a foreign national to come and live with you, but there's more to the picture than guardianship - you will need to get him an appropriate visa to come to Canada to study and you may have to pay tuition to enroll him in your local schools. Be sure to identify what you need to do and what it will cost.

If a court in a U.S. state grants you guardianship, that court would also have to grant you permission to relocate the ward to Canada. It may make sense for you to get guardianship in Canada, once he's there, but that's something you will need to discuss with a lawyer in Canada. If you do intend to get guardianship in Canada, assuming you can work out the immigration issues, it may make more sense for him to go to Canada with his parents' permission and then to seek guardianship there, bypassing the U.S. courts.