Grandparents – Maintaining A Relationship With Your Grandkids
- Where there is a pre-existing relationship between children and grandparents – and the parents are acting unreasonably – the courts may step in.”
- When the grandparents are expressly obstructed from seeing the grandchildren, a remedy might well be in sight thanks to earlier court rulings. Courts have stepped in for those cases where there’s a pre-existing positive relationship between the elders and the children that was blocked by a parent.
- The point of the grandchild-grandparent interaction is all about the child. You go to court for the benefit of the grandchild. You don’t go because, as a grandparent, you think you have a right to see your grandchildren. Rather, it’s because your grandchildren should have the right to see you and know you.
- The approach by the courts is to weigh parental autonomy with pro-contact by the grandparents. What usually occurs is a hybrid approach to balance the decision-making powers of the parent with the positive contact the child has with the grandparents.
- Competing judicial approaches (parental autonomy vs grandparent pro-contact) make these cases difficult to predict outcomes.
- Grandparents should be peacemakers, not troublemakers: Colman
- Courts need to be more ‘activist’ in protecting grandparent rights: Colman
- Grandparents often ‘collateral damage’ in divorce