Grandparents looking for access may be emboldened, but there are no new rights
In this month’s Advocate Daily, our own Timothy Sullivan offers his insights into revisions to Ontario’s Children’s Law Reform Act:
Amendments to the Act now specifically cite the rights of grandparents to apply to a court for custody and access â€” a right they always had, says Sullivan, principal ofÂ SullivanLaw.
â€œI donâ€™t think the revisions are very significant,â€ Sullivan tellsÂ AdvocateDaily.com. â€œIâ€™m not sure they change anything. There is no new right, and no new procedure authorized that wasnâ€™t there before. It may actually embolden grandparents to take up the charge of litigation based on this new citation.â€
The bill recently received royal assent after being reintroduced by NDP MPP Michael Mantha, theÂ Toronto StarÂ reports. According to the article, Mantha brought the bill forward following a discussion within his own family.
â€œAdvocacy groups estimate about 75,000 grandparents in Ontario have been estranged from their grandchildren and have been pushing for improvements to the laws for more than a decade,â€ the article says.
Although the law brings Ontario in line with other provinces, Sullivan says he questions the move.
â€œGrandparents always had a right to challenge any kind of custody arrangement, and they still have to meet the same requirements as any other person pursuing such a right. It must be in the best interest of the children,â€ he says.
â€œI think itâ€™s unfortunate if it does embolden more litigation because this is an area of law that is crying out for less expensive and less adversarial conduct.â€
Sullivan says some grandparents are denied access to their grandchildren after the breakdown of relationships between parents or because of a death.
â€œGrandparents may be left out of the grandchildâ€™s life and it is unfortunate, but family dynamics are complicated and to institute a legal procedure to adjudicate those loving, kind and playful relationships between a grandparent and grandchild defeats the purpose,â€ he says.
To read the full article, and others by Timothy Sullivan, check out Advocate Daily.