This week, the late Paul Walker’s mother filed a petition in Los Angeles,
California, asking to be named the legal guardian of Walker’s daughter,
15-year-old Meadow Rain.
Paul Walker, the star of the wildly successful
Fast and the Furious franchise, passed away this past November in a tragic and gruesome car
accident immediately after leaving a charity event.
In the petition, Walker’s mother, Cheryl Ann Walker, claims that “parental
custody would be detrimental to the minor;” currently, Meadow’s
mother, Rebecca Jo Soteros, has de facto custody of the child.
What is the basis for Cheryl Ann’s claim? Apparently Soteros has a
“drinking problem.” Meadow has been residing with her mother
and grandmother, together, since August 2012, following a year in which
she lived with Walker. Prior to that, Meadow had lived in her mother’s
care and custody in Hawaii.
The petition follows Walker’s will wherein he expressed a wish that
his mother “act as guardian of the person and estate of the minor.”
And it’s not completely surprising seeing as Walker named Meadow the
sole income beneficiary of a trust worth $16 million, which she will eventually inherit.
According to the documents filed, Cheryl Ann is not seeking custody of Meadow.
In Ontario, a person with custody of a child may appoint, by will, another
person to act in that capacity upon the death of the appointer, pursuant
to section 61 of the
Children’s Law Reform Act. Under this section, the appointer must be the only person entitled to
custody of the child.
Section 47 of the
Children’s Law Reform Act authorizes a court to appoint a guardian of a child’s property. When
deciding who to appoint as a guardian of a child’s property in Ontario,
parents are equally entitled to be appointed as guardian, and a parent
is to be preferred over a non-parent. Where more than one guardian is
appointed, the guardians are jointly responsible for the care and management
of the child’s property.
In the instance of the Walker family, it is difficult to determine how
a court will proceed. However, if Soteros is not contesting the petition
and is even in support of it because of her alcoholism, then a court may
side with Cheryl Ann. That being said, a court will weigh all the facts
and a make an ultimate determination based on what is in Meadow’s
best interests.