GRANDPARENT AND FAMILY ACCESS
Dealing with Child Access Issues
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Grandparent
and Family Access pamphlet (122Kb)
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Parents are generally responsible for making decisions about their
children. Grandparents and other relatives who want to spend
time with a child can usually make arrangements with the child's
parents. In some cases, however, disagreements can arise about
the amount or type of access or even whether access should take
place at all.
In most family access cases, the primary factor
courts consider is the best interests of the child. People who love
a child can disagree about what access arrangements they think are
in that child's best interests.
Services to Help Find Solutions
There are services to help parents, grandparents and other
concerned people find solutions to difficult, emotional child access
issues. Where agreement cannot be reached, legislation exists that
allows people to ask a judge to make an access order.
For the Sake of the Children Information Program
Family Conciliation at Manitoba Family Services and Housing
offers a free, child-focused information program, For the Sake of
the Children, for parents, grandparents and other interested people. It includes information on resolving disputes, children's needs and
communicating for the benefit of children. The program is offered in
a number of Manitoba communities and parts of it are available on CD
and video at public libraries and regional Child and Family Services
and Family Conciliation offices.
Mediation Services
Family Conciliation also offers free mediation services to
families who have completed the For the Sake of the Children
information program. Family Conciliation staff work with families
who want to try to resolve custody or access issues without going to
court. If parties are successful in resolving some or all issues
through mediation, they can sign an agreement which can be (but does
not have to be) included in a court order. Family Conciliation can
also refer parties to other community resources and provide lists of
private, fee-for-service mediators.
Access Orders
Both provincial and federal legislation contain provisions on
access to children by third parties, including grandparents. A
lawyer can give advice on legal options and which legislation
applies to the access request.
Manitoba's Child and Family Services Act allows a member of a
child's family (such as a grandparent), who would not otherwise have
a right to apply for access, to ask a judge for an access order. If
non-family members, such as former babysitters or family friends,
want to spend time with a child, they can apply for an access order
in "exceptional circumstances".
When there are or have been divorce proceedings between the
child's parents, an application for an access order would usually be
made under the federal Divorce Act. It allows people other than a
spouse to apply for access to a child, if they have leave
(permission) from the court.
Going to Court
When grandparents or others apply for an access order, there are
processes that can help resolve issues without the need for a trial. Most family proceedings in Manitoba are case managed. This means
that once documents are filed in court, a judge can work with the
parties to try to:
- resolve the case as efficiently as possible
- reduce the costs involved
- encourage the parties to find their own mutually acceptable solution
The judge tries to help the parties settle their issues, or as
many issues as possible.
In Winnipeg, these meetings are called case
conferences and are a part of the Case Management process. Outside
of Winnipeg, these meetings are called pre-trial conferences. There
are rules of court that must be followed for each of these
processes. A pre-trial conference is like a case conference in its
approach: the judge tries to get the parties to reach an agreement,
or at least narrow the issues for trial. The parties can schedule a
case conference or pre-trial conference early in the court process. If parties cannot come to an agreement, there will be a hearing
where the judge will hear evidence and then make a decision.
Assessing the Child's Needs
To assist in coming to an agreement or making a decision, the
court can ask Family Conciliation to prepare an assessment report
with recommendations about the arrangements that will be in the
child's best interests. These reports are prepared without cost to
the parties. Family Conciliation staff meet with the parties and,
where appropriate, with the children and others. A copy of the
assessment report is given to the judge and the parties. Many
families find they can use the report to reach an agreement without
returning to court. The court can also refer parties to Family
Conciliation's Brief Consultation Service for input on specific
issues/concerns and help resolving issues about children. A counsellor will meet with the parties and the children, where
appropriate, and prepare a written report within a shorter time
period than is required for a full assessment. Parties can also
agree to pay a private assessor to prepare a report for the court.
Supervised Access
When a judge feels access is in a child's best interests, but
there are safety or other concerns, another person may be ordered to
supervise access to the children. Special services are available in
Winnipeg and some regional centres to help with the exchange of
children for access or with access supervision.
For more information on services to help families with access
issues contact:
Manitoba Family Services and Housing Family Conciliation
2nd Floor, 379 Broadway Winnipeg MB R3C 0T9
Phone: 204-945-7236 in Winnipeg Toll free: 1-800-282-8069 (ext. 7236) Website::
www.gov.mb.ca/fs/childfam/family_conciliation.html
Produced with financial assistance from the Department of Justice Canada.
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