New law recognizes value of grandchild-grandparent relationship

After almost 20 years of pressuring the Ontario government to make changes to the Children's Law Reform Act, a new law now recognizes the relationship between a grandchild and grandparent.

Since 1997, six bill attempts were made to amend the Act, allowing grandparents access to their grandchildren.

Thursday, a private member's bill by New Democrat Michael Mantha, received approval from the Lieutenant Governor-General. This new legislation ensures that courts give grandparents a chance to make a case for access to children during custody disputes.

Wanda Davies of Toronto, an advocate of the changes, has said that using children as pawns in divorces by denying them access to their grandparents and isolating them from family members, amounts to psychological and emotional abuse.

While the amended Children’s Law Reform Act, does not go as far as a similar law in Quebec, Ontario joins other provinces in recognizing the value of the grandchild-grandparent relationship which gives grandparents a voice in petitioning the courts and presenting evidence for access or custody, where they have a case and it is in the best interest of the child.

The court will continue to determine if this access is in the best interest of the child.

Grandparents in Ontario can ask for access where there was an existing relationship or ask for custody in cases, for example, where both parents have passed away or are totally incapable of taking care of the children.

Davies said the she does not believe, at this time, that the changes will help grandparents who had no existing relationship with a child.

"Clearly, no parent ever wants to take their child to court," she said, in a press release. "We sincerely hope that this amendment to the Children’s Law Reform Act will encourage people to have open and honest dialogue aimed at rebuilding their relationship and encourage the parties to make amends for boundaries that may have been crossed. Grandparents are encouraged to try mediation first, with the intervention of family, friends or religious leaders because litigation can cost $20,000 to $50,000 unless representing yourself, and you will not be guaranteed success.

"We are joining with other Ontario grandparent groups and are continuing our efforts with the Ontario government (ministers of health and senior affairs), Elder Mediators of Ontario, Elder Abuse Ontario and family support groups (Vanier Family Institute) to provide grandparents and their families with opportunities and avenues to resolve differences and rebuild families through a free mediation process.

"As grandparents, we must accept that time with our grandchildren is not a right. It is an earned blessing and a privilege."