Ontario Family Law excludes the GrandparentsFamily Law encompasses not only the children and parents going through a divorce; it should also include the grandparents, who feel pushed to the side with very limited access to their grandchildren.  They often get refused any special credibility by courts in Ontario when it comes to child custody cases.

Liberal backbencher, Kim Craitor is attempting to change all of this by giving over 75 000 grandparents a glimmer of hope by requesting an update to the Child Law Reform Act.  This is his fifth attempt for an update to the Reform Act, and says that it is unacceptable that grandparents get denied access to their grandchildren without any valid reason.  “Sometimes a grandparent’s access is cut off when children are used as pawns in a nasty divorce, and other times the courts refuse to give them any special credence in custody cases, even when the parents have died or given up their rights”, Craitor said.

During the eight years he has spent working on the bill, he has seen far to many relationships between grandparents and children diminish because of a divorce.  He goes on to say that he sees a continual line of grandparents that would like nothing more than just to provide the children with some love and care, and very often, a stable influence in the home.   Grandparents are more than just a relative; they provide the children with security and guidance.

The legislation is quite simple, said Craitor.

It allows for an amendment to the Children’s Law Reform Act that will see the development or the continuation of a personal relationship between a grandchild and his/her grandparents.

This will be a great step forward for Ontario family law.By including the word “grandparents” in the law, the bill will only exist to provide courts in Ontario with direction to also include grandparents.

The Progressive Conservatives and New Democrats co-sponsored the legislation during the second reading, while the Liberal government blocked his attempts.

Deputy PC Leader Christine Elliott, who co-sponsored the bill, said she witnessed the problems facing grandparents first hand when she practiced Ontario family law.

“I saw all too often that the rights of grandparents sort of get lost in the shuffle when considering what the best interests of the child were.  It’s about the rights of children to have access to their grandparents and to the entire family history, to their culture and sometimes their language,” she said.

Keeping the children’s best interests at heart is the main concern of the court.  Due to the special relationship between a child and their grandparent the amendment will mean a great deal to a lot of grandparents on Ontario.

On 19 April 2013 the second reading of Craitor’s bill on grandparents’ rights was approved and will now move to a legislative committee.  They will hold public hearings before the bill is called for a third and final reading.

Similar legislation is already in effect in Saskatchewan, Manitoba, Quebec, Nova Scotia and the Yukon, said Craitor.

This new proposed legislation could very well see the strengthening of family relationships between grandparents and their grandchildren as the parents go through divorce.

To read more about family law in Ontario, click here – Baker and Baker Family Lawyers