The grandparent-grandchild relationship is often strong and affectionate, but a grandparent can also provide guidance, emotional support, and a sense of family history and culture to a grandchild. These important ties can be interrupted when parents of those grandchildren separate or divorce. Ontario law gives grandparents the option to seek custody of or access to their grandchildren in situations like these.
Rigillo v. Rigillo was a child custody/access appeal decision. At trial the judge limited the father's parenting time to the minimal amount that he had secured under a without prejudice temporary order where the mother was the primary caregiver. The Ontario Court of Appeal held that it is mandatory for a court to consider the MPT principle.
R.B. v. A.H. is an interim child custody access decision from the Newfoundland and Labrador Supreme Court. It is remarkable for some startling yet what should be patently obvious observations with respect to the importance of maintaining children's bonds with both parents in a meaningful way.
This 2019 child custody/access grandparent case - Ninkovic v. Utjesinovic - comes from the Ontario Superior Court of Justice. The case is a good example of how the court may overturn a parent's decision and allow access to a grandparent.
In Part 1, I applauded the positive measures in this new government initiative - Bill C-78. Unfortunately, there are a number of serious deficits in this proposed reform of child custody legislation. I believe that there are tenable solutions available to signficantly improve Bill C-78.
Good Tune-up, But Still Driving With Square Wheels
Child Custody law needs reform! The Family Rights Movement in Canada has long been advocating for real change in our broken child custody system. In 2014, Bill C-560 was voted down at 2nd Reading in Parliament, even though the then ruling Conservative Party officially supported Equal Shared Parenting. Now, the majority Liberal Government has introduced Bill C-78. It is an admirable "first move". It is not enough.
By Jenny Kirshen of the Gene C. Colman Family Law Centre
This story is stranger than fiction! A foster parent couple has held the Children's Aid Society of Hamilton, Ontario accountable for violating their constitutional right to freedom of religion. Child welfare law transitions into constitutional law. The Children's Aid Society ran roughshod over the foster parents' religious beliefs, summarily terminating their foster care of two youngsters. And it was all over the Easter Bunny! Unbelievable? You bet. True? Absolutely!
A Family Shelter for abused men and children is to be established in the Toronto area but it needs your help and support. Such a shelter is an all important social service, hitherto lacking in Canada. Read more about the shelter here: Family Shelter for Abused Men and Children. Without a doubt there are indeed male victims of Intimate Partner Violence (Domestic Violence). They have been a very underserviced population but they need our help just as much as female victims of IPV - DV. It has taken a visionary organization such as the Canadian Centre for Men and Children to undertake the preparatory work in an exemplary fashion. Please consider helping out.