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Relationship to dependant & legal document requirements

Updated

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Selecting a relationship to dependant

When selecting a relationship to a child or dependent adult, here are the following options and their breakdown to help you select the correct relationship. 

*Please note: You may need to attach legal documents to prove your authority to apply on behalf of the dependant if custody or primary care arrangements have changed since the dependant's last status card.



Parent (co-parenting):

You are a biological or adoptive parent with the legal right to make day-to-day decisions about the child's care.

  • You share the care of the child with another parent equally.
  • You may currently in a relationship with the other parent, or not, but have an agreement to share custody. If a shared custody agreement is in place, you may need to attach it with your application. 
    See Do I need to provide legal documents for my dependant application below.
  • If you are a single parent, with NO official custody order or agreement, choose this option.


Custodial Parent (you have primary custody):

You are a parent who has been granted primary/sole custody of the child through a court order, separation/divorce or legal agreement, etc.

  • You have the sole legal right to make day-to-day decisions about the child's care. If custody has changed since your child's last status card, you will need to provide the most current legal custody documents with your application.


Legal Guardian:

You are not the dependant’s parent but you have legal authority to care for or make decisions for them. You may be:

  • A family member who has obtained legal guardianship.
  • A non-relative who has been legally appointed by the court.
  • Someone responsible for the care of a dependent adult.

You will need to attach the 'Order of Guardianship' document to your application even if nothing has changed since the dependants last status card.


Other:

Your relationship does not fit into the categories listed above. Please note that you will need to provide sufficient proof to demonstrate your authority (official/legal documents).

  • Traditional/community care arrangements
  • Temporary authority holders
  • Agency / organization representatives
  • Emergency caregivers

 

Do I need to provide legal documents for my dependant application?


For Children: Possibly (see below)

You only need to provide legal documents for child applications if:

  • Custody has changed since the child received their last status card. Indigenous Services Canada only requires updated legal documents related to custody if a change has taken place.

When in doubt, if you have custody documents and aren't sure if you need to attach them, it's best to provide them with your application to avoid delays at Indigenous Services Canada.

For Single Parents with NO Formal Custody Arrangements: If you are a single parent and there are NO formal/legal custody arrangements in place for the child, then you do not need to provide any documents if none exists. We suggest selecting the 'Parent' relationship option and selecting 'No' to the next step 'Proof of Custody or Guardianship'.

 

For Dependent Adults: Yes

If you are applying for a dependent adult, you will need to include a copy of the Order of Guardianship with your application, even if nothing has changed since their last status card.

 

If You Selected 'Other': Yes

If you selected that your relationship to the dependant is 'Other', you will need to provide sufficient proof that you are eligible to apply on behalf of the dependant. It is up to your discretion what you include, but we suggest providing as much information as you can with your application to avoid delays at ISC.

 

Why do I need to provide legal documents at all? 

It is required by Indigenous Services Canada that you prove you are eligible to apply on behalf of the child or dependent adult in cases where custody or guardianship have been legally established.

 

Examples of Accepted Legal Documents

  • Divorce Judgment
  • Separation Agreement
  • Custody Order
  • Guardianship Order
  • Adoption-related documents
  • A court order or any additional legal proceedings that pertain to the custody of the child/adult dependent

 

How to Scan Your Legal Documents

When uploading your legal documents it is best to get the highest quality photo to make sure that it will be fully readable. Below are a few different options we recommend to get a high quality scan from your mobile device.

We accept JPEG, PNG, GIF, and WEBP file formats. 

How to Upload Legal Documents

  1. In the Custody or Guardianship page, select Yes for Do you need to attach legal documents to your application
  2. On the bottom of the next page click Upload a legal document
  3. In the Document Type box, enter the type of legal document you are uploading
  4. In the Document Images section, click Select
  5. Select the image(s) of your legal document from your computer or mobile device
  6. Click Add Document

Your legal document has now been added. You may repeat this process for as many documents you need for the Status Card Application.

 

How to Delete Legal Documents

Once you upload a document you can delete the document and replace it or it may not be needed for the application.

  1. In the uploaded Legal Documents section scroll down to the document you wish to remove
  2. Click the Remove button
  3. In the "Are you sure you would like to remove this document?" popup window confirm you wish to delete the document.
    1. If you do not want to delete the legal document, click Cancel

Your legal document will be removed from the application and you can add another legal document or continue the application.

 

FAQ

Q: What if I do not have any legal documents proving I am eligible to apply for a dependent?

A: The most common situations we see:

  • If you are a parent who is currently in a relationship with the other parent of the child, you are not required to provide legal documents if there are none. Select 'Parent' as your relationship and skip the legal document upload step.
  • If you are parent who is separated but has shared custody of a child with no formal/legal arrangement in place, you are not required to provide legal documents if there are none. Select 'Parent' as your relationship and skip the legal document upload step.
  • If you consider yourself the custodial parent (sole/primary parent) and there are no formal or legal custody arrangements in place, you are not required to provide legal documents if there are none. We suggest selecting 'Parent' as your relationship and skipping the legal document upload step.
  • If you are a legal guardian of a child or dependent adult, you are required to attach an Order of Guardianship to apply for a status card on behalf of a dependent and will need to seek a copy of the document from the original source if you do not currently have one.
  • If you have selected 'other' you will be required to upload some form of official documentation to indicate the dependant is in your care and you are legally responsible for them. The more documentation you can provide, the less likely Indigenous Services Canada is to reject the application for lack of information.
  • If you have lost or misplaced custody or guardianship documents proving you are eligible to apply on behalf of a child or dependent adult, we suggest seeking copies of those documents from the original source before applying for a status card on behalf of a dependant.

**When in doubt: If you are not sure if you need to upload legal documentation because there are none, select 'Parent' and skip the document upload step.

 

Q: What if I am a relative (for eg. a grandparent, aunt/uncle, or sibling) but not a parent, can I apply for a status card on behalf of a child or dependent adult that lives with me?

A: Only if you are a legal guardian and have an Order of Guardianship or other legal documentation to prove that a child or dependent adult is in your care. If you do not have a formal arrangement in place, a parent or custodial parent will be required to apply on behalf of the dependant.

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