Vigorously Fighting For Grandparents’ Rights
When parents divorce or separate, the primary concern typically centres around how they will care for their children moving forward. As a grandparent, you have the right to be concerned about how custody and access decisions will impact you, and how you will ensure that your relationship with your grandchildren remains intact.
At Gene C. Colman Family Law Centre, we understand that grandparents’ rights are important. We leverage our insight and extensive experience to assist grandparents in Toronto, Ontario pursue solutions that protect their bonds with their grandchildren.
The Importance Of A Grandparent-Grandchild Relationship
In Ontario, grandparents have a legal right to apply to the court to gain access to their grandchildren. In situations where a parent, or both parents, are behaving unreasonably and limiting or denying access to your grandchild, the courts may be required to intervene. It is important to recognize that the point of supporting a grandparent-grandchild interaction is to prove the benefits of this relationship to the child and his or her right to a relationship with you.
When determining grandparent access matters, the court will consider the best interest of the child. They will examine key factors including:
- The nature of the existing relationship between the grandparents and grandchild
- The history of the grandparents’ role in caring for the grandchild
- Whether the grandparents have acted unreasonably or are making unreasonable demands
- The preferences of the grandchild, if possible
- The stability of the child’s current home environment
- The relationship between the child, their caregivers, and other people involved in their care
In certain situations, grandparents may apply for guardianship of their grandchildren, especially if there are concerns about criminality, abuse, neglect, or other extreme circumstances.
Finding The Solution That Works For Your Family
Every family is inherently unique, making it critical to tailor a solution that speaks to your grandchildren’s needs. Depending on the nature of your relationship with your grandchild’s parents, your access demands, and other important factors, court may not be the best option. In fact, we are dedicated to first exploring more healthy out of court options where possible.
We make sure that you understand your options and empower you to make an informed decision. If an alternative form of dispute resolution or negotiation may help your case, we will tell you. We are committed to helping families move forward.
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