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GRANDPARENTS RIGHTSBY: JONNA VASSAR
WHO IS A GRANDPARENT
• A grandparent is a “person of a child’s father or mother, who is related to the child by blood”1
• A grandparent can ask for visitation,
• In such cases as , divorce, legal custody has been given to another party (foster parents), where the child’s parent is blood related, or in death.
• Visitation rights are not restricted or denied, to the grandparents.
DO I HAVE THE RIGHT TO SEE MY GRANDCHILD?
• No, there is no right saying that you can have access to your grandchild.
• According to Alberta Family Law, “the law does not assume that the children have an relationship with the grandparents.”2
• But, you can be granted visitation and/or custody of your grandchild.
HOW CAN I OBTAIN VISITATION RIGHTS AS A GRANDPARENT?
• In order to see your grandchild, you must be granted a contact order.
• To get this contact order you must;
• Have contact between, the child and the grandparent
• The contact between grandparent and child, would be jeopardized if the grandparent would be denied access
• The guardian denies contact, between child and grandparent, and is unreasonable.
CONTINUED…
• In order to obtain a visitation order, a grandparent needs to file a motion.
• “an affidavit in the district court where the grandchild lives”3
• The opposing party may file an opposing affidavit.
• The visitation rights must be in the best interests of the grandchild.
WHAT ARE MY RIGHTS AND RESPONSIBILITIES AS A GRANDPARENT?
• There are two major rights
• To care for the child, or contact
• To get information and be comforted to carry out your responsibilities.
• Makes day-day decisions that will affect the child
• Which school the child will attend
• Which culture and religion the child will be brought up in.
CONTINUED….
• Regarding decisions about the child's health.
• Supporting the child using there own income
• Making sure the child is well benefited( clothing, food, etc.)
• Helping the child mature.
• Guiding the child, through lifestyle choices.
WHAT HAPPENS IF IT BECOMES OVERWHELMING?
• As the legal guardian, you have the legal responsibility, to care the child.
• Therefore, you are responsible for the child.
• As well you, must care for the child until they are the age of the majority.
• Likewise, if you can not provide for the child, you have to find alternate arrangements.
WHAT ARE THE BENEFITS FOR THE CHILD?
• The grandparents provide, a stabilizing force in times of the crisis.
• Seeing their grandparents, will benefit the child’s development.
• It will affect the child’s relationships, for generations and generations.
• They will receive unconditional love, which will help them develop.
• Relationship will benefit the child, and their emotional needs.
BENEFITS OF THE GRANDPARENT SEEING THEIR GRANDCHILD.
• The grandparent, have developed a sense of “wellbeing, and morale”4
• They act as historians to the children,
• Act as a resource of maximum, information
• Help the child mature and grow.
LAWS PERTAINING GRANDPARENTS RIGHT’S
• Laws concerning grandparents, have already been introduced in Alberta, British Columbia, Quebec, Nova Scotia, New Brunswick and the Yukon territory.
• These bills require courts to consider, the relationship between children and grandparents.
• The Rights of Grandparents Bill 2013,was passed and is the obligation for grandparents, to apply for access to their grandchild.
CANADIAN GRANDPARENTS RIGHTS AND ASSOCIATION
• Its main function, is to serve as a point of contact for “ people who require assistance on gaining access to grandchildren in the case of family separation.” 5
• Alberta office:
• Canadian Grandparent’s rights association.
• (403)-284-3887
•
CITATIONS
1. http://frascona.com/resource/gag593grandparents-rights.htm?gclid
2. www.cplea.ca
3. http://frascona.com/resource/gag593grandparents-rights.htm?gclid
4. www.albertagrandparents.ca/documentPDF
5. www.plena.org
OTHER CITATIONS.
http://frascona.com/resource/gag593grandparents-rights.htm?gclid
www.cplea.ca
http://frascona.com/resource/gag593grandparents-rights.htm?gclid
www.albertagrandparents.ca/documentPDF
www.plena.org
http://www.thejournal.ie/bill-grandparents-799901-Feb2013/
http://www.grandparents.com/family-and-realtionships/grandparents-rights/Canada-debates
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