Grandparents can have rights with respect to the issues of custody and access of their grandchild. (For that matter, under the Ontario Children’s Law Reform Act, any person—not just mom or dad—can apply to a court for an order respecting custody of or access to a child.)
More and more frequently, grandparents are bringing court applications seeking access to, or even custody of, a grandchild. A common scenario: the grandparents and the parents have a dispute, and as a consequence, the parents restrict their parents’ access to the grandchild. If you are a grandparent who feels it has become necessary to bring a court proceeding in an attempt to see your grandchild, keep in mind the following general principles:
Blake R. Lyngseth, Ottawa lawyer & mediator. Blogs primarily on issues of Ontario & Canadian family law & estate law.