Grandparents and Extended Family Members: Difference between revisions

Their concerns are usually about supervising the parenting of the children or getting a schedule in place that will let them see the children on a regular basis.

Two laws might apply to caregivers and extended family members who are seeking guardianship of or contact with children. Where the children's guardians are already in court about the children, that will be either the federal ''Divorce Act'', if the guardians are or were married, or the provincial ''Family Law Act''. If the guardians are not involved in a court proceeding between each other, it will be the ''Family Law Act''.

Each law has different rules about how and when people other than parents can apply for orders about children, and it's important to understand which law might be applicable.

Under s. 16(1) of the ''Divorce Act'', the court can make an order for ''access'' or ''custody'' on the application of a spouse or "any other person." Section 16(3), however, says that an "other person" must get the court's permission before bringing on such an application.

Since we're talking about the ''Divorce Act'', a court proceeding must have already started between married spouses or formerly married spouses before a child's caregivers and extended family members can step in; there must be an existing proceeding in which to bring the application. .

The ''Family Law Act'' talks about ''guardians'' who have ''parental responsibilities'' and have ''parenting time'' with children, and about people who are not guardians who have ''contact'' with a child.