Do Grandparents Have Rights?

Grandparents have some legal right with regards to accessing grandchildren and can approach the Court of Law for accessibility rights. The Judge will always consider the “best interest of the child” when deciding this issue. In Ontario, the relationship of the child with the grandparent is also examined while deciding the best interest of the child.

Grandparents Legal Rights ?

Grandparents may have a right to access their grandchildren if the relationship is hindered by:

Divorce or separation of the parents
Death of the parents
Surviving parent moves away with the children
Grandparents being alienated from the child’s parents
Grandparents have taken care of the child for a brief period of time

Denying Grandparents

A Court may also deny access to grandparent on account of the following aspects:

Grandparents acting unreasonably & making irrelevant demands
Grandparents have not acted in the best interest of the child.

A judge will have to prudently decide accessibility to grandparents depending on the grandparent’s positive influence in the child’s life and what is in the best interests of the children.