Grandparents' Rights
It is not uncommon today for parents to separate or divorce, and for one or both parents to develop a new relationship or remarry. Marriage breakdown, death of spouse, difficult pre-existing relationships, misunderstandings, differences in religion, culture or lifestyle sometimes mean a grandparent's contact with her or his grandchildren may be end up being reduced or denied. This is particularly the case if the grandparent is the relative of the parent who is no longer living with the children following separation.
Can or will the courts grant grandparents visiting or access rights to their grandchildren even when the parents of the children object?
It is well recognized that grandparents can play important positive roles in their grandchildren's lives. At the same time, parents have certain fundamental rights to make decisions concerning the care, custody, and control of their children.
There are two important and distinct issues here: the right of grandparents to apply to court, and how the court determines whether grandparents' involvement in the grandchild's life is appropriate in the circumstances or not.
In 2006 Manitoba initiated a provincial strategy called "Grand Relations" so that grandparents and extended family members could have better options and more help to resolve access and guardianship disputes. It is intended to help resolve disputes and avoid going to court.
A new guide offering tips and information to help grandparents and other family members understand the court process related to applying for access to minor children is now available online at www.gov.mb.ca/fs/childfam/grandparents_guide/index.html
For more information:
Manitoba Family Services and Housing
Family Conciliation
2nd Floor, 379 Broadway
Winnipeg MB R3C 0T9
Phone: 204.945.7236 in Winnipeg
Toll free: 1.800.282.8069 (ext. 7236)
Website: www.gov.mb.ca/fs/childfam/family_conciliation.html
