What rights do grandparents have to custody and access of their grandchildren Hi , I’m Brian Galbraith, I’m the owner of Galbraith family law professional corporation. We’re a law firm of divorce and family law lawyers with offices in Barrie, Orillia, and Newmarket. Grandparents have the same rights to custody and access as any other non parent. In other words, they have no special rights. If the court believes it’s in the best interest to children that the Grandparents be granted access or custody, then they’ll order it. But, in the face of competent parents who wish the grandparents to have no access, obtaining.
An order of access is very difficult. Grandparents who have been involved in the day to day care of the grandchildren over an extended period of time, so they’ve been essentially playing the role of parent, they have a very strong case for at least access and sometimes even custody of the children. Another situation which grandparents have had great success, is when the parents are unable to care for their children as a result of perhaps mental illness, or addiction issues, or imprisonment for that matter. Alberta, Quebec, New Brunswick and BC have legislation.
Which acknowledges the importance of the grandparentgrandchild relationship, but it doesn’t guarantee custody or access to grandparents. Ontario has legislation that’s pending, but it’s a private members bill so there’s a good chance it will not be passed into law. Some of the saddest cases involving grandparents are those in which their child has died and the grandparents wish to maintain a relationship with the grandchildren, but the surviving parent does not want that to happen. Those are tough cases that the court has to grapple with and decide based on what is in the best.
What Are the Grandparents Custody Rights of Grandchildren