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-   -   New Ontario law gives grandparents some rights to grandchildren Bill 34 will force co (http://www.ottawadivorce.com/forum/f9/new-ontario-law-gives-grandparents-some-rights-grandchildren-bill-34-will-force-co-20626/)

Beachnana 12-22-2016 09:55 AM

New Ontario law gives grandparents some rights to grandchildren Bill 34 will force co
 
So this was interesting. Now we can look forward to a 3rd party entering into the divorce battle for children!

As a grandparent with a strong bond with my Grandson I did have some concern that if anything happened to My daughter Dad would never let us see our Grandson.

Pray this will never be the issue. But food for thought.

LovingFather32 12-22-2016 10:18 AM

Quote:

Originally Posted by Beachnana (Post 215545)
So this was interesting. Now we can look forward to a 3rd party entering into the divorce battle for children!

As a grandparent with a strong bond with my Grandson I did have some concern that if anything happened to My daughter Dad would never let us see our Grandson.

Pray this will never be the issue. But food for thought.

I started a similar thread a few weeks back. http://www.ottawadivorce.com/forum/f...es-clra-20502/

arabian 12-22-2016 10:48 AM

I just earlier this morning was reading a court of appeal ruling from Nova Scotia on this topic. You might find it interesting. You can go to the headnotes and read the whole case.

http://www.canlii.org/en/ns/nsca/doc...016nsca86.html

Hopefully, if grandparents enter the arena it will be on a "one-off" case-by-case decision. Unfortunately too often we read of how grandparents are a main contributing factor, not the resolution, to high-conflict divorces.

Beachnana 12-22-2016 01:14 PM

And so you did. I think the general concerns were that it will never go anywhere. But it just did. So as I said another element to throw into the courts. And as all family law seems to be on a case by case decision with no consistency I am sure this will be no different.

Janus 12-22-2016 01:15 PM

I think that is the first case I have ever seen where the grandparents won visitation.

If I was the mother in that case I would now motion for CS. That would make the grandparents regret their decision quite rapidly.

Beachnana 12-22-2016 01:16 PM

Not necessarily. But on a case by case basis I think that would certainly make it even more interesting. Kinda of like buying access!

good_mom 12-22-2016 01:33 PM

In this case I can see the purpose of it since the other parent had passed away.

With both parents living it should be with that parent to facilitate their parents(grand parents) time during that parents access.

To think that already some parents have difficulty agreeing to what is best for the child with a 50/50 split to then be put in a situation to have to fight again is unreasonable.

arabian 12-22-2016 01:39 PM

Actually I have read of several cases where grandparents were successful in obtaining Interim Orders and unfortunately there were no Final Orders published.

Here is one from the Provincial Court of Alberta (there are others).
http://www.canlii.org/en/ab/abpc/doc...resultIndex=13

Tayken 12-23-2016 03:10 AM

Quote:

Originally Posted by Janus (Post 215551)
I think that is the first case I have ever seen where the grandparents won visitation.

If I was the mother in that case I would now motion for CS. That would make the grandparents regret their decision quite rapidly.

With access comes support.

I am very disappointed in this case. The only people who should be able to file for access and or custody are PARENTS.

The father in this matter chose the mother when they had this child. The grandparents should respect that HE chose to have a child with her and that in his absence she would be the PARENT.

Tayken 12-23-2016 03:29 AM

The bright side:

Any parent with ever-other-weekend BS can now have their parents join as a party to seek additional access. The EOW parent then can use this access time to increase their access.

For EOW parents that used to have their children stay with grandparents for overnight visits can possibly leverage this additional time to increase their access to the children. In fact, they may be able to leverage this additional access time that they spend with the children to grow access.

The downside is that this will only add to the legal complexity of family law matters and make access schedules even more crazy to manage for parents.

Why I think this whole grandparent "stuff" is nonsense. Until such time the Federal Government explicitly states that custody and access is joint unless a compelling reason of Violence and Abuse is proven beyond all reasonable doubt by any party this grandparent access was a waste of resources.

Mostly it covers the edge case of when a parent dies or when a parent has no access to a child to facilitate access with their own parents.

Also parents today already have enough financial strain with child care costing 1,200-1,600 a month in some provinces. A 50,000 legal bill doesn't help the situation at all... The retired generation owns the majority of the wealth currently in Canada. We all know that those who have more money often have more access to legal resources. Rich grandparents can and will make life hell for the next generation. Great job government!


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