Grandparents Access

To all you grandparents out there, recent changes to the Family Relations Act of British Columbia now expressly include “grandparents” as people who may bring Court applications for specified access or visitation with their grandchildren.  Prior to this amendment, the legislation provided that “any person” could apply for custody of or access to a child.

For the most part, the only persons applying for custody or access were the biological parents or the step-parents of children, where a marriage or a common-law relationship had broken down.  There were occasional cases where grandparents, who obviously fell within the definition of “any person”, applied to the Court for custody or access , and the test which the Court applied in making a decision in those cases was whether the custody or access order sought was in the best interests of the child or children in question.  Most of the time, grandparents see their grandchildren when their son or daughter has access to the children.  If the custodial parent refuses to allow the children to visit their grandparents, a separate application under the amended legislation will be warranted, presuming the continued relationship between the grandchildren and the grandparents is in the best interests of the children.

The writer is doubtful that this amendment to the Family Relations Act will bring a flurry of new Court applications, since the right to apply for Court ordered access pre-existed the legislative amendment.  One also hopes that families will allow children to continue their relationships with all family members, including grandparents, despite the breakdown of a marriage.