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Applying for Access In Ontario

Wednesday, May 7, 2014 - Court - a helping hand - Worldwide Justice and Equality Movement

Applying for Access In Ontario - Going to Court Grandparents can apply to courts as third party members.

You will need Form 8 which can be obtained at your local court building.  A printable version can be found at the following link. http://www.benmor.com/forms/application.pdf

You will need a police clearance ( you can apply at your local police station)

You will need a CAS clearance (telephone your local children's aid society for details)

The grandparent must have an established bond with the child

The onus is on the non-parent who wishes to have a relationship with a child to demonstrate that it is in the child's best interests for access to take place.

The decision used by the courts reflects the Chapman vs Chapman case where the "parental autonomy" and the "pro-contact" approach is used in all decisions. The principles in the Chapman case say that the courts should generally defer to a parent's decisions about grandparent access unless all three following questions are answered in the affirmative. Does a positive grandparent-grandchild relationship already exist? Has the parent's decision imperilled the positive grandparent-grandchild relationship? Has the parent acted arbitrarily? Grandparents Legal Access Rights in Ontario Grandparents are considered legal strangers when it comes to access. Generally their relationship with the children is developed and fostered through the parents. If a parent is not receiving the children's access, and if it is determined to be in the children's best interest then the court may very well grant the requested access to the grandparents.

If you are located in Ontario, the Children's Law Reform Act applies. There is no specific language in the Act that specifically refers to grandparents and incidents of access. What it does say in the language is "or any other person"
The Children's Law Reform Act http://www.e-laws.gov.on.ca/DBLaws/S...sh/90c12_e.htm

What the Children's law Reform Act says about access 21.

A parent of a child or any other person may apply to a court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child. R.S.O. 1990, c. C.12, s. 21. Merits of an application for access

24. (1) The merits of an application under this Part in respect to custody of or access to a child shall be determined on the basis of the best interests of the child. R.S.O. 1990, c. C.12, s. 24

(1). The merits of an application for access to the children will hinge on the children's best interest. There is a significant amount of information that suggests that grandparents are beneficial to children if they don't pose harm physically or emotionally to the children. The Best Interest of a Child "The best interest of a child" is a test that courts use to determine what is best for the child as stated by the justice department. Under the Children's Law Reform Act the list includes these following specific factors that the courts will review before granting access.

(a) the love, affection and emotional ties between the child and each person entitled to or claiming custody of or access to the child
(i) other members of the child’s family who reside with the child, and
(ii) persons involved in the care and upbringing of the child;

(b)the views and preferences of the child, where such views and preferences can reasonably be ascertained;

(c)The length of time the child has lived in a stable home environment;

(d)The ability of each person seeking custody or access to act as a parent;

(e)The ability and willingness of each person applying for custody of the child to provide the child with guidance and education, the necessaries of life and any special needs of the child;

(f)any plans proposed for the care and upbringing of the child;

(g)the permanence and stability of the family unit with which it is proposed that the child will live; and

(h)the relationship by blood or through an adoption order between the child and each person who is a party to the application


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