Bill 34 recognizes grandparents’ ‘elevated’ role

 
In family law, the role of the courts is to put children first, despite the complications of the various relationships within the family, Vaughan family lawyer Paul Mazzeo says.
 
And there is recognition that children need access to more than just their parents — the rights of grandparents aren’t as robust he says, although new legislation acknowledges the special role they play.
 
“The courts will consider anything that’s in the best interests of the kids,” explains Mazzeo, principal of Mazzeo Law, and says that legislation supports that approach.
 
Advocates say an estimated 75,000 Ontario grandparents have limited or non-existent access to their grandchildren, resulting from issues such as messy divorces and fractured relationships with their adult children. They have formed support groups and have been outspoken about their concerns.

Recently, grandparents in Ontario were acknowledged as being an important part of considerations by the courts, observes Mazzeo.
 
Bill 34, the Children’s Law Reform Amendment Act, which was implemented in December, recognizes grandparents’ role and allows them special considerations when granting access. The simple amendment to the Children’s Law Reform Actmeans courts must now consider them in custody cases and brings Ontario in line with other provinces.
 
“It specifically includes the word ‘grandparents,’ which signifies their important role,” says Mazzeo. “It’s an acknowledgment of their elevated status.”
 
That should help the many people who say they have little or no access to their grandchildren when they turn to the courts for help, he adds.
 
The lack of a relationship that children have with their grandparents can be a byproduct of stresses within the family structure, says Mazzeo. The end of a marital relationship brings with it a variety of emotions and it is not unusual for animosity to develop. That could impact how and when grandparents get to see the kids.
 
By their very nature, courts and litigation are intended to help people work through their problems. But emotion factors heavily in family law, often complicating and muddying the issues. That, in turn, could create stresses that end up affecting not just the family members who are directly involved, but also those outside of the immediate family unit.
 
Mazzeo says there are situations where grandparents have been shut out by the parents and are therefore unable to develop any relationship with the children.
 
“The courts must consider the best interests of the child. It is supposed to be the mandate of the lawyers and judges,” he says. “The children didn’t choose this family split.”
 
The goal of the justice system is to try to find the best solution for the children in terms of who they live with and who has access to them, and the new legislation is intended to include grandparents in that mix, says Mazzeo.
 
For more family law news and information please visit http://www.mazzeolaw.ca/

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