Questions & Answers

Grand Parent Rights

I have been instrumental in raising my grandson, he is now 6 years old. My daughter moved out with him a year ago to her boyfriends house and I still saw him quite a bit. Recently my grandson has been trying to leave home to come live with me and when my daughter asked me to come tell him he couldn’t, he told me things that clearly suggest verbal and physical abuse. I spoke to my daughter about it and she has said I can never see my grandson again. There is much more to this, but in a nutshell, as a grand parent I have no rights unless I can get leave of the court to bring an application for access or custody. If I go this route, can I win? Is there any case law about this? Assuming I am telling the truth, Is this a case you would take on? If so, how much would I need to pay upfront?

— Linda T.

Answer

Hi Linda,

Grandparent cases are difficult. Usually, the court sides with the parent but not always. If the mother wants to keep custody, then you'll have to prove it is not in the child's best interests to be with his mother. This is difficult to do but certainly not impossible, especially if there has been some abuse that you can prove.

Your best next step is to book a consultation. Meet with one our lawyers and describe your situation in more detail. They will give you their estimation of your chances for success in court. Your lawyer can also give you a better idea as to the costs of such a process should you wish to proceed.

Court is a costly and slow process. The results are not predictable. I suggest just starting with the consultation so you have more information before you make any decision about moving forward.

Brian

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