Private Member's Bill Would Strengthen Grandparent Access Rights Across Canada

Canadian Justice Grandma··4 min read
Private Member's Bill Would Strengthen Grandparent Access Rights Across Canada

A private member's bill introduced in the House of Commons would amend the Divorce Act to create a presumption in favour of grandparent contact where it is in the best interests of the child.

A private member's bill introduced in the House of Commons would amend the Divorce Act to create a rebuttable presumption in favour of grandparent contact where a court finds it to be in the best interests of the child.

Currently, grandparents have no automatic right to contact with their grandchildren under the Divorce Act. They may apply to the court for contact, but there is no presumption in their favour — and the threshold for obtaining an order can be high, particularly where one or both parents oppose contact.

What the Bill Would Change

The bill would require courts to consider grandparent contact as part of the best-interests analysis in all parenting proceedings, and to provide written reasons if they decline to order contact where a grandparent has applied. It would also create a simplified application process for grandparents who are not parties to the underlying divorce proceedings.

Grandparents have no automatic right to contact with their grandchildren under the current Divorce Act.

The Canadian Justice Grandma supports the bill's intent and is calling on all parties to allow it to proceed to committee for study. We are also calling for the bill to be extended to apply in non-divorce family proceedings, where grandparent contact issues most commonly arise.

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