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  • Grandparent visitation privileges?

    Hi Everybody

    I'm asking on behalf of someone else here, and cannot find specifics to help the situation so I figured someone would have insight.

    Short story - couple married for many years, 4 children, separation then divorce. Dad remarried (no new children in relationship). Situation with ex isn't pretty and she did her best to brainwash the kids. The oldest didn't want go to with Dad one day on visitation and he held the child. Two small bruises were made into an assault charge (since dismissed) and CAS has mandated supervised visits.

    With the court case dropped and the restraining order lifted, the ex has refused access to the children to the entire family including grandparents, uncles/aunts, etc.

    So, what I'm curious about, is can the ex "withhold" the children from the extended family? The grandparents were never implicated or involved in anything and simply would like to visit with the kids (5, 7, 9, 11).

    Do grandparents have rights and/or privileges?

    Thanks, sorry for the long story

  • #2
    Grandparents can file a motion for access just as any bio parent would.
    They would have to demonstrate how this impacts the “best interests of the children”, and how it will enrich their lives.
    Preferable via a previous status quo of time spent together when their was access, and most important prior to the separation.
    A clear and concise outline of how often the children saw them and spent time with them during the relationship.

    The courts have been known to order access to grandparents equal to what would have been offered to parents, IE every second weekend etc.

    I would seek the basic access via a motion, and negotiate to possible once per month plus shared holidays etc. Extended family can then be included in the visitation process after the fact.

    NOTE;
    They may want to include any history of denied access. No particular details, just the basic facts. IE asked for visitation on, was denied, and state reason for denial.

    Comment


    • #3
      The decision used by the courts reflects the Chapman vs Chapman case where the "parental autonomy" and the "pro-contact" approach is used in all decisions. The principles in the Chapman case say that the courts should generally defer to a parent's decisions about grandparent access unless all three following questions are answered in the affirmative.
      Does a positive grandparent-grandchild relationship already exist?
      Has the parent's decision imperiled the positive grandparent-grandchild relationship?
      Has the parent acted arbitrarily?

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      • #4
        With all due respect C. Robinson...you are responding to posts that are over 4 years old... if you would like to make a point about Grandparents rights and relationships, please start your own thread to do so.

        Comment


        • #5
          this is my first time here Berer_Faith ... to me it did not matter that it was 4 or more years old the fact that people such as myself are seeing it for the first time .. it is the first thread in Grandparents section ... therefore i was also in the right to post as i have here as well . thank you though for your thoughts and respect that i am new today and this is what i have seen ... 4 years or not ! and to start a new thread is something i have yet to figure out ...

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          • #6
            If you have a question about a similar topic it can be appended to an older post, this can give it context.

            What you are doing is answer people who are no longer on the board to read your reply.

            If you have an idea for an informative post, it is great to start a new thread. Include some quotations, some links to court cases, and your own interpretation and ideas. Many members here do this and it is a great way to start a conversation.

            Comment

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