Tuesday, October 11, 2005

Grandparents Rights

Today a grandparent asked me if he had any rights to see his grandchildren. His son's ex-wife has been denying access to all of the father's family members. I explained that like all other custody and access issues, the Ontario courts frame the "rights" around the rights of the children, or the "best interests" of the children.

Thus, if a grandparent or other relative can show it is in the child's best interest to have a relationship with them, there is a chance that extended family members can gain access rights, let alone in some cases, custody rights. Custody rights would only become activated if the natural parents of the child in question was clearly unavailable or incompetent to care for the child.

So I got a new case today where I will be representing the extended family of two young children. It has the feel of a class action lawsuit -- they have a very large family who want to see these kids at family reunions!

Comments:
Wow that sounds like a potentially very rewarding case indeed. I can't imagine ever denying a child access to people who will love and spoil them. Kids can never have too many people loving them.
 
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