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Difference between revisions of "Children and Parenting after Separation"

From Clicklaw Wikibooks
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*Non-parents may also have to demonstrate that they offer some positive benefit to the child before access or contact will be allowed, and they must demonstrate that the child's time with them will be in the child's best interests. Normally, grandparents and other non-parents are allowed only the amount of access or contact that the guardians will agree to.
*Non-parents may also have to demonstrate that they offer some positive benefit to the child before access or contact will be allowed, and they must demonstrate that the child's time with them will be in the child's best interests. Normally, grandparents and other non-parents are allowed only the amount of access or contact that the guardians will agree to.


Where both guardians are still in the picture, the court will usually require that grandparents' access or contact occur during the time that their child has the grandchild. In other words, maternal grandparents will usually have access, if the court makes the order at all, during the mother's time with the child. Where only one guardian is in the picture, the court will usually determine what access the grandparents ought to have independently of the interests of the guardian.
Where both guardians are still in the picture, the court will usually require that grandparents' access or contact occur during the time that their child has the grandchild. In other words, maternal grandparents will usually have access or contact, if the court makes the order at all, during the mother's time with the child. Where only one guardian is in the picture, the court will usually determine what access or contact the grandparents ought to have independently of the interests of the guardian.


As with applications for custody or guardianship, grandparents and other non-parents should not be discouraged by the generally pessimistic tone of this discussion. There are numerous cases in which grandparents have been awarded time with their grandchildren; it ''is'' possible to succeed on an application for access or contact.
As with applications for custody or guardianship, grandparents and other non-parents should not be discouraged by the generally pessimistic tone of this discussion. There are numerous cases in which grandparents have been awarded time with their grandchildren; it ''is'' possible to succeed on an application for access or contact.
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