Grandparents Adult children Extended Family Grandparents Adult children

Grandparents What are the rights of grandparents to have access to their grandchildren?

What rights to grandparents have in accessing their grandchildren? Sometimes grandparents are prevented from seeing their grandchildren because of separation or divorce The Family Law Act in Alberta allows grandparents to apply for a contact order in the courts In some cases, a grandparent may be able to apply for legal guardianship of the child. The grandparent must convince the court that it would be in the best interest of the child if they had custody. The court will weigh the pros and cons, and other factors and influences, of such circumstances before awarding custody.

Grandparents’ cont’d If a grandparent does not want to go to court but does want to see their grandchild, they are legally allowed to do that. Notes of encouragement: Do not criticize either parent in front of the child Try to make a positive relationship with the parent(s) If possible, write out an agreement with the parent(s) in event of being accused of anything, there is written documentation of a formal agreement.

Case Studies Troxel v. Granville Chapman v Chapman http://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/2003_15/pdf/2003_15.pdf https://justice.alberta.ca/programs_services/families/Common_Questions_Libr ary_Families/GrandparentContactAlbertasFamilyLawAct.aspx/DispForm.aspx?ID =12

Legal Obligations of Adult Children to their Aging Parents

What are the legal obligations of adult children to their aging parents? The Family Law Act states that “(e)very child who is not a minor has an obligation to provide support, in accordance with need, for his or her parent who has cared for or provided support for the child, to the extent that the child is capable of doing so.” (5) This means that every adult child should care for their parents in any way that they can.

Adult children cont’d Caring for one’s parents (becoming their guardian) allows one to make important decisions; The guardian can decide about healthcare, where the elderly parents are staying, who they associate with, what kind of activities they do, their employment and any legal issues They may not deal with financial matters unless specified/agreed upon

Adult children cont’d To be a guardian for aging parents, one must send the appropriate paperwork to the Review Officer who will send a report to the Court. If the court is satisfied with the paperwork, one can become their legal guardian without entering a court room If someone else, however, also want this position, it will have to proceed through the court system.