Grandparents, with their important role in the lives of their grandchildren, may seek to assert their grandparent rights. As any family lawyer will tell you, grandparents are not treated the same as parents by the law and their ability to seek time with a grandchild is treated differently than time with parents and a child.
A grandparent’s relationship with their grandchild is often positive and encouraged by the child’s parents. However, sometimes when a conflict arises between the parents it can lead to the grandparents needing to seek assistance from the law to spend time with their grandchild.
Grandparents' Rights under Nova Scotia Law
In Nova Scotia, grandparents are able to make an Application under the Parenting and Support Act, for “contact time, interaction and any other matter the Court considers appropriate” in relation to their grandchild. Prior to the changes to the Act, grandparents had to “seek leave”, which required an application to the Court to be granted permission to even make a request for time with grandchildren. If leave was not granted, the grandparents were not allowed to proceed with any form of application for time with their grandchildren.
When grandparents proceed with these Applications, the parents are part of the process and the Court hears from both parents and grandparents to consider what is in the “best interests of the child.” The Court will consider the grandparents’ past relationship with the child and also “the willingness of each parent to facilitate contact time or interaction between the child and the grandparent” before deciding whether an Order for grandparent time is necessary.
Family Law Supports Grandparents' Relationship with a Child
For a grandparent to be successful in such an application, they must make a strong case for why it is in the child’s best interest to have time with their grandparents. Family law supports grandparent’s relationship with their grandchild as long as it is in the child’s best interests and the Court is able to balance the child’s needs to spend time with parents. Factors that courts may take into account include the history of the grandparent-grandchild relationship, the grandparent's involvement in the child's life, and any demonstrated positive influence on the child's upbringing. Grandparents should be prepared to show that their involvement will enhance the child's overall quality of life and emotional stability.
Ultimately, family law recognizes the significance of intergenerational relationships and acknowledges the special bond between grandchildren and their grandparents. By upholding the child's best interests as the guiding principle, the legal system strives to foster nurturing connections that positively contribute to the child's growth and happiness.
Understanding the Limitations of Grandparents' Rights
It is important to note that this legal option does not mean that grandparents have a right to their grandchildren. Instead, these rights provide a legal pathway for dispute resolution when the court needs to intervene in situations where maintaining or establishing a grandparent-grandchild relationship is deemed to be in the best interests of the grandchild, given the specific family circumstances.
The complexity of these cases often arises from the court's reluctance to interfere with the decisions made by the parents, who are typically regarded as the primary decision-makers for their children. Conflicts between parents and grandparents can further complicate matters and may contribute to the court's unwillingness to interfere in such cases. The court must carefully consider how any involvement might affect the child's emotional and psychological development and overall welfare.
The family law lawyers at Lenehan Musgrave LLP are experienced in grandparent applications for contact time or interaction with their grandchildren. For advice on grandparent rights in your specific situation, contact us today.
