Understanding Grandparents’ Rights in Family Law

1. Understanding Grandparents’ Rights in Family Law Grandparents hold an important place in the lives of their grandchildren. Their presence shapes the development of children from a very young age. They provide invaluable wisdom, education, love and guidance, which are values of utmost importance during challenging times. The bond between a child and their grandparents is undeniably special. However, conflicts between parents during divorce or separation can indeed affect the relationship between grandparents and grandchildren. From the perspective of grandparents, it is essential to understand their access rights to their grandchildren and the boundaries that exist. First and foremost, parents are unable to block a grandparent’s access to their grandchildren. Grandparents have the right to physically visit their grandchildren and maintain contact with them at a distance through telephone, e-mail, etc. This right extends to all descendants, including both infant and adult grandchildren.

2. In instances where the courts deliberate on matters concerning children, whether it be with respect to custody or parental authority, decisions must be guided by the best interests of the child while respecting their rights. In view of this, we can agree that a grandparent-grandchild relationship is fundamental to the well-being of the children involved. Article 611 of the Civil Code of Quebec explicitly prohibits parents from interfering with the personal relations between a child and their grandparents, except for serious reasons. In cases where there is no agreement between the parties, the terms and conditions of these relations are determined by the court. This article underscores the intention of the legislator to preserve the grandparent-grandchild relationship, shielding it from the conflict between the parents. The ‘grandparent rights’ recognized by article 611 of the Civil Code of Quebec are commonly understood to encompass visits and outings, distinct from a parent’s access rights with respect to the child. In cases of separation or divorce, it is typically presumed to be in the child’s best interests to maintain contact with their grandparents. However, the court retains the authority to limit this contact if it is demonstrated to be detrimental to the child’s well-being. For example, if a grandparent shares information about the separation or the divorce with the child in a manner that negatively impacts their emotional or psychological state, this could prompt the court to limit the grandparent-grandchild relationship. If a child expresses a wish to maintain a relationship with their grandparents, and there are no concerns about how it might affect their well-being, their wishes can significantly influence the court’s decision. Specifically, if the child is at least 14 years old, the court must respect their wishes. However, if the child is younger than 14 years old, their preferences are considered, but the weight given to them depends on their age and their level of maturity. For children aged between 10 and 13 who refuse to see their grandparents, they have the option to seek legal intervention. In such cases, they can turn to the courts to receive a judgment allowing them to maintain contact. There are options available to grandparents who wish to maintain a relationship with their grandchildren and uphold their rights: 1.Mediation. Mediation is a form of dispute resolution that would avoid going to court to resolve the issue. During mediation sessions, the parents of the child will be able to discuss with the mediator the modalities of the interactions between the child and their grandparents. If agreements cannot be reached, court intervention becomes necessary. 2.Court intervention. In the event that an agreement cannot be reached out of court, grandparents facing difficulties can seize the court of the issue of access rights to their

3. grandchildren. At that time, the burden of proof will be on the grandparents to prove that it is within their grandchildren’s best interest to maintain a relationship with them. The courts will decide whether it is best to maintain or restrict contact. If you are a grandparent facing difficulties due to family conflicts, feel free to contact one of our lawyers at Spunt Carin to help navigate the complexities of the situation and ensure the best interests of the children. Reference URL: https://www.spuntcarin.com/understanding-grandparents-rights-in- family-law/