Grandparents do not normally have visitation or custody rights in relation to their grandchildren. The issue of a grandparents’ visitation and custody rights at the end of a relationship can be complicated. To get help, ask a lawyer now.

Both the Children’s Law Reform Act and the Divorce Act only give custody and access rights to the mother and the father of the child. However, any individual, who affects the best interests of the child can apply to the court for an order for custody of or access to a child.

Application for visitation rights

This means that grandparents can apply to the court and try to show that it is in the best interests of the child for them to have custody or access rights. In determining the best interests of a child, courts will consider all circumstances including the love, affection, and emotional ties between the child and the grandparents, views and preferences of the child, ability and willingness of the grandparents to provide the child with guidance and education, and the relationship by blood or through an adoption order between the child and the grandparents.

Visitation agreements

In some cases, it may even be possible for grandparents to enter into an agreement for access or visitation rights with one or both parents. An agreement would help set-out the time and frequency of the visits and allow all the parties involved to maintain a mutually acceptable schedule.

In general, the court is reluctant to remove the child from his or her parents, or to go against decisions about the child’s best interests made by the parents. Grandparents will only be successful in a claim for custody or access under extraordinary conditions. For example, grandparents may be rewarded custody in cases where both parents are considered ‘unfit’ to raise the child.

A criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

Getting the advice and legal help you need

The end of a relationship involves serious legal and financial matters such as a grandparents’ visitation and custody rights, which must be negotiated and finalised. To get help, ask a lawyer now.

								
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