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 grandparent/grandchild 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 interest of the children. If you have a case that involves grandparent access, your first step is to book a consultation with one of our lawyers.We’ll analyze the merits of the case and help you decide a course.
Putting Children First Minimizing Conflict in Custody Cases
Each year, thousands of parents living apart or divorcing look to the courts for resolution of their disputes. Sometimes they argue over money or property and sometimes they quarrel about their children. But fights over custody, access, parenting time and visitation have unintended victims, the children themselves whose emotional wellbeing can be harmed by their parents fight. In this tutorial, Elaine Gordon, a superior court judge who presides over custody trials talks to you over the reality of these custody disputes and their.
Unfortunate consequences for children. Hello, my name is Elaine Gordon and I’m a judge who presides over custody disputes. I’d like to talk to you a little bit today about divorce, custody fights, and what happens to the children whose parents have those fights. I do this in the hope that what I say will inform what you do and in terms of handling your case you’ll be able to do that in a way which does your children the least amount of harm.
You know one of the problems that we have among couples who are getting divorced is they assume that everybody is fighting about everything and in fact if you come to court you will see the hallways filled with people, you believe that that is so. But in fact, that is not the case. Over 50% of the people who are getting divorced who have kids, resolve their disputes before they ever step foot in their lawyers’ offices. They recognize the custody dispute for what it really is, a personal family matter that parents need.
To resolve for themselves. Another 2030% of the people will, with a little bit of help from their lawyers or maybe the family relations office, will also be able to resolve their cases. Another 1020% of people will go on to mediation either through our family relations office or through private mediators and they’ll be able to settle their cases. So who does that leave? It leaves only about 10% of the couples who are separating or divorcing who have kids, who go on with.
The fight. The next step in a fight for those 10% of people, what they do that nobody else does, is that they enlist their children in their battle. How do they do this? Well, they have a family relations evaluation, or a guardian ad litem is appointed, or an attorney for the minor children or a psychological evaluation. All of those things have the same result. The children are exposed to the fight, asked to participate in it, and in some ways become.
Foot soldiers in their parents’ battle. that step involving strangers, third parties in the lives of your children does irrevocable damage to the kids and I’m going to tell you in a little bit later about what kind of damage that is. But first of all, you can see that asking a child, What do you think about your mom? or What do you think about your dad? could have some dire consequences in terms of the power inside of the family or putting an undue burden on the children themselves. That’s the first and most obvious consequence.
The others are even more devastating. Let’s think about this divorce from the point of view of a child. I like to try to think of it, actually, as thinking about it from the height of perhaps a smaller child, not adult sized, but child sized, looking at the world from basically behind their parents, because that’s what kids do. They rely on their parents to be the wall between them and the outside world. It’s a protective wall for them. And what most kids think about when.
They think about their family at all is pretty basic. they think mommy loves daddy and daddy loves Mommy and they love me. And then one day, parents who are separating or divorcing come to their kids and say well, Mommy and Daddy don’t love each other anymore, but don’t worry honey, we love you. That’s not what your kids hear. What your kids hear is Mommy and Daddy don’t love each other anymore. Uh oh. They can stop loving me as well. And so for every child in every family that is separating or divorcing, the overwhelming.