Winnipeg Jewish Review  
Site Search:
Home  |  Archives  |  Contact Us
 
Features Local Israel Next Generation Arts/Op-Eds Editorial/Letters Links Obituary/In Memoriam

Renée Lemieux Howard

 
OBTAINING ACCESS TO GRANDCHILDREN

by Renée Lemieux Howard, Thompson Dorfman Sweatman, posted here May 25

When a child's parents separate or divorce, a question that occasionally arises is whether or not the child's grandparents are entitled to continue relationships with their grandchild. In some situations, disagreements occur about the amount or type of access a grandparent should have and, occasionally, whether access should even occur at all.

"Access" not only includes visits with the child but can also include such things as the ability to communicate with the child, the ability to attend and receive information about the child's events (soccer games, concerts), the ability to send or receive photos of the child, and the ability to send gifts to the child.

There is both provincial and federal legislation which allow individuals (other than a parent) to apply for access to a child. For example, in Manitoba, The Child and Family Services Act (the "Act") contains provisions whereby, upon application, the court may order that a grandparent, step-parent or other member of the child's family exercise custody over a child or have access to the child. A non-family member can also apply for access in exceptional circumstances.

In making an order for access, the court will look at what is in the best interest of the child. This is based on a set of factors listed in the Act and any relevant information provided. In addition, the court will consider the mental, emotional and physical needs of the child, any pre-existing relationship between the child and the applicant (the grandparents) and whether the child can benefit from a positive, nurturing relationship with a grandparent. In some circumstances, the court will order an assessment to assist with determining what is in the child's best interest. Free assessment services are available, such as the Grandparent Advisor service, or the parties can choose to use a private assessor to prepare a report for the court. Obtaining an assessment may also help the parties to reach an agreement without the need to continue with court proceedings, which can often be costly and lengthy processes.

Grandparents who are applying for access through the courts are generally required to complete the For the Sake of the Children program. This is a free program that provides information about the legal and emotional aspects of separation and the needs of children whose parents are separating.

We can advise you as to which legislation would apply in your circumstances and provide you with advice on the options available to you.

For more information you can access the Manitoba Government's Guide for Grandparents and Extended Family Members Applying for Access at the following link: http://www.gov.mb.ca/fs/childfam/grandparents_guide/index.html

 
<<Previous Article       Next Article >>
Subscribe to the Winnipeg Jewish Review
  • RBC Royal Bank
  • Fillmore Riley
  • Jewish Federation of Winnipeg
  • Winter's Collision Repair
  • Gray Academy
  • Coughlin Insurance
  • Joyce Rykiss
  • CHW
  • Cantor's Meats
  • JCFS
  • Esther and Sid Halpern Shana Tovah
  • GTP
  • Jim Muir
  • Booke & Partners
  • Sobey's
  • Commercial Pool
  • CDN Visa
  • Jack & Debbie Lipkin
  • Daniel Friedman and Rob Dalgliesh
  • Rady JCC
  • The Bob Silver Family
  • Carol and Barry McArton
  • Shindico
  • D'Arcy & Deacon LLP
  • Shinewald Family
  • Piston Ring
  • Bruce Shefrin
  • Munroe Pharmacy
  • Fair Service
  • Eddie's Gravel Supply Ltd.
  • John Bucklaschuk
  • Tyler Bucklaschuk
  • Kromar Printing
  • Daien Denture Clinic
  • Bob & Shirley Freeman
  • Protexia
  • Ixtapa Travel
  • Superlite
  • Brent Schacter Sora Ludwig
  • Dr Ted and Harriet Lyons
  • Amalgamated Drywall Systems Ltd.
  • Josef Ryan
  • Munroe Dental Centre
  • Chisick Family
  • Broadway Law Group
  • Laufman Reprographics
  • Dakota Chiropractic Office
  • Maric Homes
  • Artista Homes
  • Southwynn Homes
  • Tradesman Mechanical
  • Imperial Soap
  • Winnipeg Drapery
  • JCFS
  • Western Scrap Metals Inc.
  • Taverna Rodos
  • Jim Gauthier
  • Capital Grill
  • CVA Systems
  • Stella's
  • Chochy's
  • Accurate Lawn & Garden
  • Dr. Gary Levine
  • Fetching Style
  • Lazar Family
  • Dr. Marshall Stitz
  • Michel and Danita Aziza and family
  • Ronald B. Zimmerman
  • Dimensions Insurance
  • HUB
  • Doheny Securities Limited
  • Orthodox Union
  • Allan Davies
  • City Sheet Metal
  • John Orlikow
  • Ross Eadie
  • Ambassador Mechanical
  • Winnipeg Prophecy Conference
  • Thorvaldson Care
  • Shoppers Drug Mart
  • Total Lighting Sales
  • Miller's Super Valu Meats
  • Pitblado
  • Cavalier Candies
  • Erickson Motors
  • Canadian Magen David Adom
  • Bridges for Peace
  • Elaine and Bernie Lofchick & family
  • Cascade Financial Group
  • Sorrento's
  • Canadian Friends of Boys Town Jerusalem
  • East India Company
  • Nikos
  • Sean Fisher
  • Sarel Canada
  • Santa Lucia Pizza
  • Center for Near East Policy Research
  • Roofco Winnipeg Roofing
  • Center for Near East Policy Research
  • Nachum Bedein
Rhonda Spivak, Editor

Publisher: Spivak's Jewish Review Ltd.


Opinions expressed in letters to the editor or articles by contributing writers are not necessarily endorsed by Winnipeg Jewish Review.