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Friday, October 9, 2015

Grandparent Rights - Ontario

In family law, grandparents have rights too!

They can apply to the Court for both custodial and access rights, both on a temporary and final basis.

The Court decides whether the grandparents' request will be granted based on the overriding test of what is in the child's or children's best interests. Also taken into careful consideration by the Court will be a series of factors listed in section 24 of the Children's Law Reform Act.

Ontario Courts strive to give children stable, structured, nourishing environments, filled with love, care, and opportunities to thrive. This includes maintaining meaningful relationships with their extended families, including grandparents.

Grandparents' requests to maintain ongoing relationships with their grandchildren will be seriously entertained by the Courts but these requests are always subject to what is best for the particular child or children at hand. In other words, the inquiry is not theoretical, ie: would access between A child and A grandparent be a good thing. The question to be answered by the Court is will access between THESE grandparents and THIS child be a good thing, given the needs to this particular child and the rest of the specific circumstances of this case.

These issues come up in Court not just in the case of separating parents: - there are cases, for example, in which the Court has to determine whether children should have ongoing contact with grandparents against the opposition of both parents (as part of an intact relationship). There are also cases in which grandparents' involvement is an issue considered as part of a proceeding involving a Children's Aid Society.


Fall in Ontario...

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