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Grandparents Rights are Changing in Ontario

Grandparents fell a little on the short side when it came to rights to access their grandchildren.

Thanks to Kim Craitor an MPP from Niagara, this will likely change. An amendment to the Children’s Law Reform Act will entitle grandparents to bring an application before a Judge to permit them access to their grandchildren, should the Judge determine that it is in the best interests of the child.

Some 75,000 grandparents in Ontario are currently estranged from their grandchildren. So, this legislation will be welcome news.

Also, note that a person other than a party to a domestic agreement may be entitled to sue on that agreement under certain conditions.

Here’s the Amendment and the Explanatory Note:

Bill 48 

An Act to amend the Children’s Law Reform Act with respect to the relationship between a child and the child’s grandparents

Note: This Act amends the Children’s Law Reform Act. 

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Subsection 21 (1) of the Children’s Law Reform Act is amended by adding “including a grandparent” after “any other person”.

   2.  Subclause 24 (2) (a) (i) of the Act is amended by adding “including a parent or grandparent” after “each person”.

Commencement

   3.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   4.  The short title of this Act is the Children’s Law Reform Amendment Act (Relationship with Grandparents), 2013.

EXPLANATORY NOTE

The Bill amends the Children’s Law Reform Act. 

Currently, subsection 21 (1) of the Act provides that a parent of a child or any other person may apply to a court for certain orders respecting custody of or access to the child.  An amendment to that subsection specifies that a grandparent may apply for such an order.

Currently, subclause 24 (2) (a) (i) of the Act provides that where a court makes a determination relating to certain applications in respect of custody of or access to a child, the court shall consider, among other things, the love, affection and emotional ties between the child and each person entitled to or claiming custody of or access to the child.  An amendment to that subclause specifies that this includes a parent or grandparent.

 

Brian Madigan LL.B., Broker is a Manager at RE/MAX West Realty Inc., Brokerage 416-745-2300. www.iSourceRealEstate.com

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