Ontario Grandparents’ Rights Lawyers

What Are Grandparents’ Rights in Canada?

Grandparents' rights refer to the legal ability of grandparents to maintain a relationship with their grandchildren, particularly in situations where family dynamics, such as divorce or separation, might impede their access.

The recognition of these rights can offer several benefits:

• Stability and Continuity: Grandparents often provide a sense of stability and continuity in a child’s life, especially during tumultuous times such as parental separation or divorce. This consistent presence can help mitigate the emotional stress children experience during these periods.
• Emotional Support: Grandparents can be a vital source of emotional support and unconditional love. Their involvement can contribute positively to the child’s emotional well-being, providing a safe and nurturing environment.
• Cultural and Family Heritage: Grandparents play a crucial role in passing down family traditions, cultural heritage, and values. Maintaining this connection helps children develop a strong sense of identity and belonging.
• Intergenerational Learning: Interaction with grandparents allows children to learn from their life experiences, wisdom, and stories, promoting intergenerational bonding and learning.
• Role Models: Grandparents often serve as positive role models, teaching children important life skills, values, and ethics through their own actions and guidance.
• Child’s Best Interest: Canadian courts generally prioritize the best interest of the child in custody and access matters. In many cases, maintaining a relationship with grandparents is deemed beneficial for the child’s overall welfare and development.
• Support System: Grandparents can provide practical support, including childcare, financial assistance, and guidance, which can be crucial for single parents or families undergoing financial or personal difficulties.
• Strengthening Family Bonds: Recognizing grandparents' rights helps in strengthening family bonds and ensuring that family relationships are preserved despite marital or parental conflicts.
• Social Cohesion: By maintaining extended family relationships, children are more likely to grow up in a socially cohesive environment, fostering better social integration and community involvement.

Traditionally, grandparents have not been granted clear and specific rights regarding contact in Ontario; but that has changed. Grandparents’ rights are dependent upon whether the matter is governed by the Children’s Law Reform Act or the Divorce Act. The Children’s Law Reform Act applies where the parents of the child were never married or have decided to proceed by way of a separation rather than a divorce while the Divorce Act applies where the parents have already obtained a divorce or are seeking a divorce.

Learn more! Call (905) 581-7222 or contact us online to arrange a free consultation with our experienced grandparents' rights lawyers at one of our offices in Ontario, including Mississauga, Markham, Vaughan, and Oakville.

Grandparents’ Rights under the Children’s Law Reform Act

In 2016, the passage of Bill 34 (Section 21(1) of the Children’s Law Reform Act) gave grandparents the right to make an argument for access during custody disputes. The courts must consider grandparents’ rights in these matters, while also ruling in the best interests of the child.

Are you a grandparent looking to fight for your right to custody of or access to your grandchild? An Ontario grandparents’ rights lawyer at Feldstein Family Law Group P.C. can provide the insight you need to make an informed decision about moving forward with a case. There are sensitive and challenging matters from legal and emotional perspectives alike, and we will use our experience and skill to most effectively forward your interests.

Grandparents’ Rights & the Best Interests of the Child

Bill 34 does not automatically grant a grandparent the right to access to a grandchild. It will be in the discretion of the court to determine whether granting access/custody to a grandparent will be in the best interests of the child in question, taking into account the specific circumstances at hand. A family lawyer can effectively present your case to the court to show how granting custody or access can benefit the child.

According to the Children’s Law Reform Act, the following factors must be considered when determining what is in the child’s best interests:

• The child’s needs, given the child’s age and stage of development, such as the child’s need for stability.
• The nature and strength of the child’s relationship with each parent, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life.
• Each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent.
• The history of care of the child.
• The child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained.
• The child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage.
• Any plans for the child’s care.
• The ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child.
• The ability and willingness of each person in respect of whom the order would apply to communicate and co-operate, in particular with one another, on matters affecting the child.
• Any family violence and its impact on:
  • The ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child.
  • The appropriateness of making an order that would require persons in respect of whom the order would apply to co-operate on issues affecting the child.
• Any civil or criminal proceeding, order, condition or measure that is relevant to the safety, security and well-being of the child.

Grandparents’ Rights under the Divorce Act 

If the matter is governed by the Divorce Act meaning that the parents have either already divorced or are pursuing a divorce, grandparent rights can be determined by granting parenting-time and decision-making responsibility pursuant to a parenting order or contact pursuant to a contact order. Pursuant to the Divorce Act amendments that came into effect as of July 2020, both spouses, parents and any person currently in or seeking a parental role in the life of a child can apply for a parenting order. However, pursuant to section 16.1(3) of the Divorce Act, non-spouses will have to seek leave of the court to obtain a parenting order. Additionally, section 16.5(1) of the Divorce Act allows courts to make an order providing for contact between that person and a child. In determining whether to make a contact order, the court will consider several factors including whether contact between the person and the child could otherwise occur during one of the spouses parenting time.

As with a parenting order, the governing principle for granting a contact order is a determination of what is in the best interests of the child by referencing the factors set out in section 16(3) of the Divorce Act.

According to the Divorce Act, the following factors must be taken into consideration when determining what it is the child’s best interest 

• The child’s needs, given the child’s age and stage of development, such as the child’s need for stability.
• The nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life.
• Each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse.
• The history of the care of the child.
• The child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained.
• The child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage.
• Any plans for the child’s care.
• The ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child.
• The ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child.
• Any family violence and its impact on, among other things, the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child and the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child.
• Any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.

Understanding the Legal Process for Grandparents' Rights

Navigating the legal landscape surrounding grandparents' rights can be complex and often daunting. At Feldstein Family Law Group P.C., we believe that informed clients are empowered clients. Understanding the steps involved in pursuing your rights can make a significant difference in your case.

Here’s a brief overview of the legal process you may encounter when seeking to establish or enforce your rights as a grandparent:

1. Initial Consultation: Schedule a meeting with our experienced lawyers to discuss your unique situation and explore your options.
2. Gathering Evidence: Collect relevant documents and evidence that support your relationship with your grandchildren, including photographs, communication records, and any existing court orders.
3. Filing a Petition: If appropriate, our team will assist you in filing a petition for access or custody in the relevant court. This step is crucial for formally initiating your claim.
4. Mediation: Many cases benefit from mediation, where our lawyers will advocate for your interests while working towards a mutually agreeable solution with the parents.
5. Court Hearing: If mediation does not resolve the issue, your case may proceed to a court hearing where evidence will be presented, and a judge will make a determination based on the best interests of the child.
6. Post-Judgment Support: After a ruling, we can help you understand your rights and obligations, ensuring that you are supported as you navigate the next steps.

Our dedicated team is here to guide you through each phase of the process, ensuring that your voice is heard and your rights are protected. Contact us today to schedule your consultation and take the first step towards fostering your relationship with your grandchildren.

Why Choose Feldstein Family Law Group for Grandparents' Rights?

At Feldstein Family Law Group, we understand that the bond between grandparents and grandchildren is invaluable. Our dedicated team of Ontario grandparents’ rights lawyers is committed to advocating for your rights and ensuring that your relationship with your grandchildren is protected. Here’s why you should choose us:

• Personalized Approach: We take the time to understand your unique situation, providing tailored legal strategies that align with your specific needs and goals.
• Experienced Advocates: Our lawyers have extensive experience in family law, particularly in cases involving grandparents' rights, ensuring that you receive knowledgeable and effective representation.
• Compassionate Support: We recognize the emotional challenges that can arise in these situations. Our team is here to provide not only legal guidance but also compassionate support throughout the process.
• Proven Track Record: We have successfully helped numerous grandparents navigate their rights, achieving favorable outcomes that prioritize the well-being of the children involved.
• Community-Focused: As a local firm, we are deeply invested in the Markham community and understand the specific laws and regulations that may affect your case.

Choosing the right legal representation can make all the difference. Let us help you secure your rights and maintain the meaningful connections within your family. Contact us today for a consultation!

For more guidance and information, call (905) 581-7222 or contact us online. Our experienced Ontario grandparents' rights lawyers can helo.