Grandparent visitation rights are a significant issue in Canadian family law. It is because there are so many essential rules and regulations regarding grandparent’s rights in Canada. A good relationship between the grandparent and grandchildren is always quite favorable.
In most cases, the grandparents always play a vital role in improving and enriching the emotional stability of their grandchildren. But some legitimate rights regarding the grandparents should keep in practice.
Here, in this writing, we will discuss whether a parent can stop their child from visiting their grandparent. Keep reading the entire article for more.
Grandparent’s Legal Rights to Visit Their Grandchildren
Most people do not concern about the legal rights of the grandparent. They also do not aware of it at all. If there is any parent’s disagreement, then the grandparents cannot visit their grandchildren. This kind of situation was so common in Canada.
But recently, in 2016, the Canadian court passed a law regarding this issue. The law says that grandparents play a significant role in unity and improvement of value in a family. And it is the essence of unanimity in a civil society. So, the relationship with grandparents, siblings will not hinder for no reason.
And if there is any disagreement between the parents, it will not affect the relationship with the grandparent. That means grandparents can communicate and visit their grandchildren without any hesitation. If the parents do not let their children visit their grandparents, you can take necessary legal action and request visitation.
Grandparent’s Visitation Rights After the Parent’s Separation
The grandparent still has the rights to visit and communicate with their grandchildren after the divorce or separation of the grandchildren’s parents. In some cases, the parents may go through some breakdown. In that situation, usually, their children have to deal with a challenging and tough time.
After the separation, the children can live with one parent, either children’s mother or father. It is because the child’s relationship with his or her parent will come first.
Suppose the children take a position with one particular side. Then again, it will not take away the rights of visitation for the grandparents. Grandparents can still meet and communicate with them.
Does a Parent Have to Right to Deny the Rights of Visitation?
In most cases, if the custodial parent wants, then he or she can deny the grandparents rights of visitation. But in such a situation, the child’s best interest and wellbeing will play a vital role if there is any harm or risk to visit their grandparents. In that case, the parent can deny the grandparent to visit their grandchildren.
Sometimes, it will also depend on the child’s needs and interests. But in some cases, the grandparent’s rights for visitation can also be taken away by Canada’s family court for some reasons. Those reasons may include the following list:
- If the grandparents misuse the rights of visitation
- If there are any chances of being harm by the children.
- If the relationship between the grandparents and grandchildren is deleterious
- If the grandparents do not have the financial ability to take care of their grandchildren.
- Sometimes, if the grandparents are involved with illegal actions, the court can abandon the right to visitation.
How Often Can a Grandparent Visit Their Grandchildren?
Basically, there is no general rule for the visitation. In most cases, it will depend on the relationship between the parents and the grandchildren. However, some factors will control the visitation time and period. Sometimes, the grandparents live far away from their grandchildren.
In that case, they can visit for a longer period. But for the long-distance, it may not be possible for the grandparent to visit them frequently. On the contrary, if the grandparent lives very close to their grandchildren. Then they can visit their grandchildren very frequently in a shorter time.
Can a Parent Legally Keep the Grandparent Away from the Visitation?
This is one of the most critical situations that can happen. Sometimes the parents want to keep their children away from their grandparents in terms of communication, visitation, etc. It is because the relationship between the grandparent and the grandchild may not be that fruitful.
Also, in some cases, some other issues let the parents keep away their children from such relationship. However, the family court will give the final decision. But in most cases, the court goes with the favor of grandparents.
But if the parents can present proper evidence in the court, then the court may not allow the grandparents to visit their grandchildren. When the court makes its decision, they take few factors under consideration. They are listed in the following:
- The age of the grandchildren
- The relationship and bonding between the grandparents and grandchildren
- The grandchildren’s best interest
- The safety and protection of the children
- The financial and mental stability of the grandparents.
The Bottom Line
As we have seen, the relationship between grandparents and grandchildren is always very naïve and affectionate. But in some cases, this relationship becomes very complex to manage in terms of family issues. Especially, when a child grows up into the parent’s conflicts, the children have to deal with some negative impacts.
In such cases, the grandparents can be a beneficial and supportive option. However, sometimes, grandparent’s visitation can be questionable and threatening for the children. That is why parents need to concern about the grandparent’s rights in Canada. Hopefully, this writing helped you to understand some basics about the grandparent’s rights in Canada.