grandparents rights

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GRANDPARENTS RIGHTS BY: JONNA VASSAR

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Page 1: Grandparents rights

GRANDPARENTS RIGHTSBY: JONNA VASSAR

Page 2: Grandparents rights

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.

Page 3: Grandparents rights

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.

Page 4: Grandparents rights

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.

Page 5: Grandparents rights

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.

Page 6: Grandparents rights

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.

Page 7: Grandparents rights

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.

Page 8: Grandparents rights

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.

Page 9: Grandparents rights

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.

Page 10: Grandparents rights

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.

Page 11: Grandparents rights

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.

Page 12: Grandparents rights

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