North York Family Lawyers for Grandparent Access Rights and Contact Orders

Parenting arrangements that usually occur post separation or divorce often affect the Grandparents. This is particularly the case when the children live primarily with one parent and especially in cases involving a high level of conflict between one parent and especially in cases involving a high level of conflict between the parents. However, grandparents (and other non-parents) have a right to request visits with a child, as well as parenting rights, under both the federal Divorce Act and the provincial Children’s Law Reform Act. The applicable legislation will be determined by whether the children’s parents were legally married or living as common law spouses prior to separation

A contact order is the most viable means for a grandparent to seek access to their grandchildren. This is an Order setting out their right to regular contact with the child, and the parent’s obligation to facilitate this access. In some cases, grandparents may be looking for more than just quality time with their grandchild, for example, in cases where the parents’ have demonstrated the inability to effectively provide care for their child is called into question. In these cases, a grandparent may instead ask to be granted decision –making ability with respect to their grandchild’s care. In both cases, the grandparent may instead ask to be granted decision-making ability with respect to the grandchild’s care. In both cases, the grandparents (or other non-parents) need the court’s permission to bring an application.

At Juzkiw Law in North York, our team have been helping clients seek time with their grandchildren following the separation or divorce of the children’s parents since our firm’s inception. We understand how important it is to preserve health familial relationships, including the relationship between grandparent and grandchild.

After examining in dept the details of your situation, our team will provide a complete and comprehensive review of your rights and your chances of success with pursing a contact order or other order with respect to your grandchildren. If there is a chance to resolve the matter with the parents directly through negotiation or family mediation, we will go through all options with you. In cases where it will be necessary to obtain a court order, we will be strong advocates on your behalf in court.

Grandparent Access Rights Under the Children’s Law Reform Act (for Children of Parents Who Were Not Married)

If the children’s parents were not married prior to separation, grandparents may seek a parenting order or a contact order under the provincial Children’s Law Reform Act.

A parenting order grants a successful applicant a right to parenting time and or decision making ability with respect to the children in question. This will generally be sought when there are concerns about the parent’s willingness or ability to provide adequate care for their child.

A contact order grants the applicant the right to spend time with the children in accordance with the terms of the order and creates an enforceable obligation on the child’s parent(s) to facilitate this contact. The existing relationship between the child and grandparent will be factor in determining whether to grant either order in favour of the grandparent(s).

Grandparent Access Rights Under the Divorce Act (for Children of Parents Who Were Married)

If the child’s parents were married, a grandparent will need to seek a parenting or contact order pursuant to the Federal Divorce Act. A grandparent according to provincial legislation may seek either type of order; but they must first have leave, or permission, of the court prior to the filing the application.

Contact the Divorce Lawyers at Juzkiw Law in North York for Grand Parent Access Disputes

At Juzkiw Law, our team has the experience since our inception in assisting grandparents seek and preserve their right to ongoing contact with their grandchildren. We understand how devastating it can be for grandparents to be excluded from their grandchildren’s lives. We also understand that it may be necessary for grandparents to seek parenting rights in order to best protect the best interests of their grandchild. Moreover, we focus our considerable expertise to advocate for your right to maintain a relationship with a loved one. To discuss your circumstances and learn about the options available to you, please reach out to us online or by phone at 416 290 5055.