grandparental rights

Neil Allen - posted on 01/18/2016 ( 2 moms have responded )




trying to find out if my wife and i go for grandparent rights do we have to live in the same province as our grandson we live in bc and he lives in alberta have been looking on web sites but can not seem to find an answer so if you can please help me by answering my problem thanks Neil ps this is weird for me cause i am grandpa not grandma and just joined a site called circle of moms lol


MaryAnn - posted on 01/20/2016



I am not a lawyer. But I do know that grandparents rights in canada are very rare. You do not have them until a court grants you them. There are two types: one, to initiate adoption by proving the parents are unfit; and two, visitation, which would be very limited, and nearly impossible to enforce as it is not a police issue, and it is not access. The agencies you would need to enforce it with are very slow. If the parents come up with reasons to deny the visit (ie long, crappy weather travel, expensive travel, a spat between you and them infront of the kids, school events, other planned special occasions...) it will likely hold a lot of weight... Grandparents arent entitled to the right of access, the court grants visitation to grandparents who support the parents parenting the child, the greater good for the child, and avoid conflict. Unless both of the parents of the child are proven in court unfit, the grandparents are not eligable for parenting decision rights, and many of those rights are very broadly defined. Bringing your child to court over petty excuses isnt likely to be seen by the court as avoiding conflict.
This is a very serious thing to consider. Unless your grandchildren are in danger, it might be best to work through your issues with your own children before trying to get rights to theirs- the system is ineffective and if you take your child to court, even if your child is in the wrong, you will likely permanently burn the bridge between yourself and your grandkids.
This being said, if it is a thing you have heavily considered, you would need to file in Alberta-specifically the municipality where the grandchildren live, to the provincial court. The paperwork can be printed off the government website or given to you in person from the barrister. A lawyer can also give it to you, and will have it served to both the parents and the court. A law clinic in their municipality will tell you how to serve it yourself.
If you are concerned about their safety, report to cps your concerns. If there is criminal offense discovered, the police will be brought in by the agency. If you are aware of criminal offense WHILE it is happening, contact their local tips line. These things will speed up the process if you are looking to become legal parents through the court because you believe the parents are unfit.


View replies by

Ev - posted on 01/18/2016




Seek out a lawyer and see what they say about the laws for this where you live.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms