Do Grandparents Have Rights?

Questions about grandparents’ rights can surface in various situations involving families that have divorced and those that haven’t. But the questions usually have the same issue at heart: What rights do grandparents have in Saskatchewan? Here’s what you need to know.

Do Grandparents Have Rights in Saskatchewan?

There are several ways in which grandparents may struggle to spend time with their grandchildren. The grandchildren’s parents may be divorced, and one or both parents refuse to let the grandparents visit. Or the grandchildren’s parents may still be married and in agreement that one or both sets of grandparents shouldn’t have time with the grandchildren. No matter the specific circumstances, this situation can cause stress and grief for grandparents who want to be part of their grandchildren’s lives.

With any kind of parenting arrangement, the court looks first and foremost at what’s in the best interests of the child.  Because grandparents often supply unconditional love in a manner different than parents, they may be deemed essential to the child’s upbringing, depending on the circumstances.

The court looks at various factors, including the following when determining whether grandparents should have contact with their grandchildren.

• The relationship between the grandparent and the grandchild.
• The grandchild’s wishes.
• The reasons given by the parents as to why they want to restrict the grandparents from having contact with the children.

What Could Cause time with Grandparents to be Refused?

It can be heartbreaking, but it does happen–the courts, at times, will refuse to allow grandparents to have time with the children. There are several reasons the courts could refuse contact with grandchildren, including:

• The grandparents have been documented as being verbally or physically abusive toward their grandchildren.
• The grandparents could be a negative influence on grandchildren.
• The grandparents have a history of trying to interfere or override the parents’ decision-making.
• The children don’t want to spend time with their grandparents.
• A legal battle between the parents and grandparents has occurred or is occurring, even if it’s not directly related to the grandchildren.

What Can I Do if One or Both Parents Try to Prevent Me from Having contact with My Grandchildren?

We know that this situation can cause considerable stress and anguish for you. That’s why it’s wise to work with a family law firm that also handles mediation in situations like these. Our approach to these cases is to calmly, compassionately draw each side out in terms of their concerns and hopes for outcomes.

In mediation, some of the pressure that comes with going to court is reduced. In the courtroom, each side with their lawyer tends to take a stance that their approach is the right one, and the other side is wrong. That can lead to hard feelings and refusal to consider collaboratively finding a solution.

In contrast, the mediator doesn’t represent one side or the other but acts as an impartial advisor whose role involves ensuring both sides get to speak and each side hears what the other has to say. The focus isn’t on who is right or wrong but on finding a solution that everyone can live with and that fits the child’s best interests.

What Are the Advantages of Seeking out Mediation to Determine whether a grandparent can have contact?

There are many. As noted above, the mediation process is much more holistic than a court procedure is, and it gives everyone involved a chance to state their concerns and know they’ll be heard. It can be challenging for people involved in a conflict over something as important as time with grandchildren to believe there’s a way to resolve the situation without even more trauma. Still, mediation can and does help people do just that.

Here are some of the other benefits:

• Pace. Mediation can often resolve a conflict more quickly than a court case, especially if the courts are full and there’s a long wait to set a court date.
• Cost. The cost of resolving the conflict can be lower due to less time lawyers spend preparing court cases and other related costs.
• Privacy. Conflict resolutions accomplished through mediation are private. This is in contrast to court cases, which are typically held in open court.
• Improvements in varied outcomes. Mediation may not finally bring an end to the conflict; it can also have a variety of psychological benefits as well. People tend to feel better about resolutions in which they were allowed to have input and feel they were listened to. What’s more, there have been many cases where mediation allowed the parties involved to feel more committed to the resolution, meaning there were fewer conflicts in the future. Often, people find they’re able to have a more respectful and worthwhile relationship afterward–and that, in turn, benefits the children involved.

If you’re involved in a situation involving grandchildren and contact that’s becoming contentious, it might be time to seek a different approach from traditional legal cases.

What Should I Do if I Want to Pursue Contact with My Grandchildren?

Call Panko Collaborative Law & Mediation at 306-518-8107 for a consultation. We understand how vital the grandparent-grandchild relationship is and why you want to have regular time with them. Our focus is on collaborative discussions and planning to reach a consensus in a calm, low-stress way.