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Grandparents rights in alberta?

Shan - posted on 04/30/2012 ( 2 moms have responded )

my daughter has been dropping my granddaughter who is 11months off to us since she was born but it got worse when she got back together with her boyfriend. her boyfriend abuses her and the baby is terrified of him. cps is involved a little but haven't done anything yet, I know that she has lied to cps about drinking and drug use as they both use pot daily and the boyfriend uses cocaine "occasionally" as she told us. they have been evicted from 3 homes in 4 months for non payment and this last home they caused thousands of dollars worth of damage within 2 weeks of living there. they are now looking for another place and will then be coming here to take the baby with them, we don't know what to do because we worry about her safety with them but we also can't stop them from picking her up. does anyone know what rights a grandparent has in alberta?

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Shan - posted on 04/30/2012

we are not denied any access to the child at all, in the year since her birth we have had her for at least 8 months of it, as well we have bought crib, stroller, car seat, diapers, formula etc... I am just very concerned that something will happen to the baby living with him because he has a volatile temper, he has abused my daughter physically in front of the baby as well he throws things when angry anything within reach so our worry is what if he does this and hits the baby?? I know that we can't stop her from taking the baby with her but we are scared and don't know what to do or if we can do anything?? thanks for your response

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Brittney - posted on 04/30/2012

1,463

(a) "child" means a person under the age 0f 16 years;

(b) "grandparent" means a grandparent of a child whether related to the child by blood, marriage or adoption.

(2) If a grandparent at any time is refused access to a child, the Court may on application make an order as it sees fit regarding the grandparent's right of access to the child.

(3) The application for an order under this section may be made

(a) by a grandparent of the child, or

(b) by the child, who may apply with or without any person interested on his behalf.

Explanatory Notes

1 Amends chapter 1 P-20 of the Revised Statutes of Alberta, 1980

2 Access orders

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(4) In making an order under this section, the Court shall take into consideration only the best interests of the child as determined by reference to the needs and other circumstances of the child including

(a) the nature and extent of the child's past association with the grandparent, and

(b) the child's views and wishes, if they can be reasonably ascertained.

(5) Unless otherwise ordered by the Court, all costs reasonably related to access visits granted to a grandparent under this section shall be borne by the grandparent.

(6) Section 32(3), (4), (6), (7) and (9) apply to an application made under this section.

(7) Any person who contravenes a provision as to right of access in an order made under this section is guilty of an offense and liable to a fine of not more than $1000 or to imprisonment for a term not exceeding 4 months.

3 This Act comes into force on Proclamation.