Cousin Obtains Temporary Custody of Children in Aftermath of Grandmother’s
Disappearance
After the abrupt disappearance of Katherine Jackson, mother of the late
King of Pop and legal guardian of his three children, one of Katherine’s
other grandsons, T.J. Jackson, was awarded temporary custody of Prince, Paris,
and Blanket.
T.J., son of Tito Jackson, was appointed by an L.A. judge to become the
temporary guardian of the children last Wednesday. According to
TMZ,
Prince Michael, Paris, and Blanket were completely on board with T.J. becoming
their temporary guardian, along with the Estate of Michael Jackson.
In Ontario, the authority for temporary custody of a child by a non-parent
stems from s. 21 of the
Children’s Law Reform Act, which states that “a parent of a child or any other person may apply
to a court for an order respecting custody…”
However, the process is not as straightforward as a simple application
to the court. Rather, an applicant for custody must provide:
- an affidavit in support of their claim,
- a plan for the child’s upbringing,
- a recent police records check,
- information regarding the person’s involvement in any family or criminal
proceedings, and - an authorization permitting the Children’s Aid Society to provide information
about the person.
In addition, to these requirements, the applicant must satisfy a judge
that an order for temporary custody would be in the best interests of
the child. To this end, s. 24 of the
Children’s Law Reform Act provides a number of factors to be considered before the court will agree
to make an order for custody.
Among these factors, the court will consider:
- all of the child’s needs and circumstances, including the love, affection
and emotional ties between the child and the person claiming custody, - the child’s views and preferences (if ascertainable),
- the ability and willingness of the applicant for custody to provide the
child with guidance, education, the necessities of life and any special needs, - the existence of a blood relationship between applicant and child, and
- the ability of the applicant to act as a parent.
With respect to the children’s views and preferences, Ontario courts
are willing to consider this factor where such views of the children are
“reasonably ascertainable.” Given that Prince, Paris and Blanket
are 15, 14, and 10 years old respectively, it is likely that their opinions
relative to custody would be taken into account by a court in this province.
In addition, T.J. appears to maintain a low-key existence relative to his
famous family, a factor which would certainly weigh in his favour in the
Ontario courts. Specifically, the fact that he is a blood relative, married
with three children of his own, and that the Jackson children have indicated
that they would like for him to become their temporary custodian are all
positive indications relevant to T.J.’s bid for temporary custody.
In the latest chapter of this saga, there are reports that Katherine Jackson’s
lawyer will be filing paperwork to create a co-guardianship with T.J. Jackson.
Given the amount of upheaval that these children have faced since their
father’s passing, a permanent arrangement for their care and upbringing
should be strongly encouraged by the courts. The only apparent alternative
– a series of temporary custodianships – will do little to introduce much-needed
stability and security into their lives.