The relationship between grandchildren and grandparents is one of the most beautiful bonds in the world. However, grandparents sometimes lose their rights to contact due to some conflicts. But do grandparents have any legal rights in Canada?
Well, they do. They can utilize grandparent rights in Ontario or other states of Canada to get the visitation right.
Here’s everything you need to know about this matter.
Table of Contents
The legal Rights of Grandparents
In 2016 Canada introduced a law to give the grandparents the right of visitation. According to law, grandparents play a significant role in the cohesion and transmission of important family values for civil society.
Therefore, the child’s personal relationship with them should not be impeded without just cause.
The law clearly states that it is unfair for grandparents to face restrictions to see their grandchildren because of issues with their child or their partner. They have the full right to initiate legal proceedings and request visitation.
Can a Parent Deny Grandparents Rights?
A parent can deny the grandparent’s right of visitation if there is a valid reason. As the family court give their judgment based on what is best for the child, they might refuse it if the parent of the child proves the following things–
- The child does not agree to the right of access.
- Bonding between the parents and grandparents is too risky that the grandparent’s rights might create perpetual conflicts.
- The grandparents are violent, or they are alcoholics or drug-addicted.
- The grandparents cannot take care of the child due to financial problems or having several handicaps.
Based on the situation, the court often takes mitigating measures like granting the grandparents to visit their grandchildren without the right of accommodation.
What Happens in The Case of Divorce?
In the case of divorce, the judge usually establishes a favorable visitation and communication regime for the child.
The visitation regime will depend on the circumstances of every individual. Besides, the time may extend as the child grow older.
Factors That the Court Consider in Grandparental Contact Requests
While processing the grandparental contact request, the court usually checks out the following things.
Child’s Best Interest
Like every law on child custody, the grandparent’s jurisdiction also depends on the wills of the minor. If the grandparents and the grandchildren are in a good term, the court considers this as a significant variable.
On the other hand, if the child denies the request, it means that their relationship with the grandparents is not good enough. So, involvement in the grandchild’s life is important to receive contact time and visitation rights.
Custodial Parent’s Right
The court also prioritizes the opinion of the child’s custodial parents. If the parent with the child custody thinks that it’s not best for the child to contact their grandparents, the court will investigate the reasons. However, if they make an unreasonable pretext, the court will give the verdict in favor of the grandparents.
Conflictual Issues
There is a high chance the court will refuse the grandparent’s request if there is a conflict issue. Since the law always works for the betterment of a child, it never places them in the middle of a conflict.
Is There Any Time Limit to See Grandchildren?
There are no fixed rules about the visitation session. Factors like the relationship between parents, grandparents, grandchildren, the seriousness of the situation, etc., have a significant impact on the time.
Right Time to Contact A Family Lawyer
If a parent or both object to grandparents’ visitation rights, there are two ways to solve it.
Whether you are the parents or grandparents, the family mediation procedure helps you solve the problem outside the court. But if it’s not working, then you must take legal action.
And when you do, hire an experienced lawyer as soon as you are able to. They will handle all the legal procedures and do everything best for your child.
Final Words
Hopefully, now you don’t have any confusion about whether or not do grandparents have any legal rights in Canada.
A good relationship of a child with their extended family is an essential part of a child’s development. It’s very unfortunate if there any issues arise regarding this matter.
However, since it’s related to the child’s psychology, contact an experienced lawyer and solve the issue as soon as possible.
