FROM ADVOCATE DAILY: Changes to Children’s Law Reform Act may encourage grandparents to litigate


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 — a right they always had, says Sullivan, principal of SullivanLaw.

“I don’t think the revisions are very significant,” Sullivan tells “I’m not sure they change anything. There is no new right, and no new procedure authorized that wasn’t there before. It may actually embolden grandparents to take up the charge of litigation based on this new citation.”

The bill recently received royal assent after being reintroduced by NDP MPP Michael Mantha, the Toronto Star reports. According to the article, Mantha brought the bill forward following a discussion within his own family.

“Advocacy 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,” the article says.

Although the law brings Ontario in line with other provinces, Sullivan says he questions the move.

“Grandparents 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,” he says.

“I think it’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.”

Sullivan says some grandparents are denied access to their grandchildren after the breakdown of relationships between parents or because of a death.

“Grandparents may be left out of the grandchild’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,” he says.

To read the full article, and others by Timothy Sullivan, check out Advocate Daily.




Delay tactics an indication of family court misuse

From this week’s article on Advocate Daily, by our own Timothy N. Sullivan:

Persistent family law litigants who bring applications or motions to vary without pursuing them by consistently delaying proceedings are abusing the justice system and responding parties – and they typically don’t face any consequences, says Ottawa family lawyer Timothy N. Sullivan.

“There should be a rule of court to address parties who initiate proceedings but are unwilling or unable to resolve the dispute, even though it’s in court,” he tells It’s a problem when the responding party does not have the resources to force the matter to a termination.

“As it is now, a party with greater financial resources can start an application or a motion to vary, and they may be complying with all the rules, but the result is that the case can be prolonged for four or five years. Specifically, parties who move for variation with no intention of resolving the case and just keep moving it from case conference to case conference are a problem. I think it’s one of the hallmarks of this misuse of court resources, in fact.”

To read more, check out the full story on Advocate Daily.