Many families are not aware that grandparents have rights when it comes to the care of their grandchildren.
It is important for a grandparent to make sure they know what these legal rights are.
A grandparent can ask for custody and visitation of their grandchildren in certain cases. They also have the right to make decisions about medical treatment if they become ill with a life threatening illness.
This article will show you some areas in New Brunswick where grandparents could be considered possible custodial parents of their grandchild, as well as ways grandparents can approach the situation should they wish to take on a parental role in their grandchild’s life.
Many families are not aware that grandparents have rights when it comes to the care of their grandchildren. It is important for a grandparent to make sure they know what these legal rights are. A grandparent can ask for custody and visitation of their grandchildren in certain cases. They also have the right to make decisions about medical treatment if they become ill with a life threatening illness. This article will show you some areas in New Brunswick where grandparents could be considered possible custodial parents of their grandchild, as well as ways grandparents can approach the situation should they wish to take on a parental role in their grandchild’s life.
Do grandparents have rights in New Brunswick?
Children are entitled to a relationship with both parents. The Family Law Act states that a parent is any person who has actual custody (for example, the biological parent, adoptive parent or guardian) or custody by virtue of a legal arrangement or written agreement (including guardianship, or trust). In 2013, the Supreme Court of Canada made it clear that grandparents are indeed considered as “parents” under family law. When parents separate, their children may have concerns about the future relationship between their parents. The law tries to balance an ongoing relationship between parents and children while ensuring that children live in a safe environment. In some cases, grandparents may be given responsibility for the day-to-day care of grandchildren when this is in the best interests of the child.
What about grandparents with no parental responsibilities?
Sometimes a grandparent does not have any parental responsibilities for the child, but wants to maintain a relationship with them or have contact with them.
For example, perhaps your daughter and her spouse have separated and there are concerns about your grandson’s living arrangements after his parent’s separation and upcoming divorce. When parents separate, their children may have concerns about the future relationship between their parents. The law tries to balance an ongoing relationship between parents and children while ensuring that children live in a safe environment.
If you have concerns about where your grandchild might live after their parents separate, talk to your family lawyer about the possibility of a parenting agreement or a guardianship arrangement. A parenting agreement can give grandparents custody rights of their grandchild while also keeping them informed of the child’s life. A guardianship arrangement will give grandparents custody rights and powers over their grandchild as well as control over important decisions such as medical treatment, education and religious upbringing. In either case, there are requirements regarding how often you can see the child and how much time you will have with them each day.
Can I ask for custody and visitation of my grandchild?
If you are the parent of the child’s parent or have caring responsibilities for your grandchild, you can apply for an order for custody under the Family Services Act. You will have to show that it is in your grandchild’s best interests to live with you and that it is not in their best interests to live with their parents. If a court orders that your grandchild lives with you, then you will also receive an order stating how much contact your child has with their parents. You can also apply for an order of access under the Family Services Act if a court does not order that your grandchild lives with you. This will entitle you to visit your grandchild at their parents’ home and have contact with them for a period of time that is agreed upon in an order of access.
What if I have concerns about my grandchild being in the care of their parents?
If there are concerns about the care your grandchild is receiving from their parents, talk to your family lawyer about talking to Children’s Services. You can file a report with them anonymously. They will look into the situation and may recommend that the court appoint someone else to have custody of your grandchild for their protection. Sometimes they will recommend that parents and grandparents come together to have a family meeting. If you and the other parent cannot agree on custody arrangements, the Children’s Services will make recommendations as to who should be granted custody of your grandchild. If no agreement is reached within six months, the court will decide on a guardian or standby custodian for your grandchild. Finally, if the court decides that your grandchild should be subject to a care plan, they can make an order stating what needs to be done in order to protect your grandchild’s safety and well-being.
How do I ask the court for custody or visitation?
To apply for a Court Order in New Brunswick, you must have legal representation. If you do not have a lawyer, you can contact the Legal Information Society of New Brunswick at 1-800-561-0125 to be placed in touch with a lawyer. You can also consider applying to the Community Legal Information Program (CLIP) at 1-888-865-9779 to receive legal information and advice over the phone. You will need to fill out and file an application, called an originating application, with the Court Registry Office. This will ask for specific facts of your case and details about why you should be appointed as a guardian. If you are applying for custody of your grandchild, your application will require permission from the other parent. To ask for visitation rights, you will need to file a motion to vary an existing court order. When asking the court for custody or visitation, include all supporting evidence such as letters from the Children’s Services or a family doctor attesting to the condition of your grandchild. If you want the Grandparents’ Association of New Brunswick to testify in your case, you will have to contact them and let them know this before they are asked to appear in court.
What happens after I file my application?
Your lawyer will prepare documentary evidence on your behalf and represent you at a hearing. At the hearing, you will have an opportunity to ask questions of other parties and receive responses to your questions. The court will consider all the evidence presented at the hearing and will come to a decision as to who should care for your grandchild.
What happens if my grandchild wants to stay with his or her parents?
If your grandchild does not want to stay with you, then you can apply for a long-term care supervision order from the court. This means that when your grandchild turns 18, they can live with their parents if they choose. By handing over long-term care supervision of their parent’s home, children ensure that they are still in touch with their family’s culture and traditions.
When can I apply for a long-term care supervision order?
If you have concerns about your grandchild’s well-being, you must file an application with the court by either: 1) December 15th of the year before your child turns 18; or 2) within one year after they turned 18.
How do I ask for long-term care supervision?
To ask to have a long-term care supervision order applied for, you will need to fill out and file an application, called an originating application, with the Court Registry Office. This will ask for specific facts of your case and details about why you should be appointed as a guardian.
What happens after I file my motion?
Your lawyer will prepare documentary evidence on your behalf and represent you at a hearing. At the hearing, you will have an opportunity to ask questions of other parties and receive responses to your questions. The court will consider all the evidence presented at the hearing and will come to a decision as to who should care for your grandchild.
I disagree with the decision made by the court, what do I do?
You have 30 days from when you receive a final decision in writing from the Court Registry Office that grants custody or visitation rights to ask for legal advice about appealing a decision of the court.
Conclusion
Applying for custody or visitation of your grandchild is a very emotional experience. It is important that you have legal representation and use the services of the Family Information Centre. If you do not have legal representation, you can contact the Legal Information Society of New Brunswick at 1-800-561-0125 to be placed in touch with a lawyer and apply for free legal information at CLIP. If you are going through this process, remember to take care of yourself first by talking to someone that cares about you and will listen to your concerns without judgment.
