Grandparents play a unique and important role in the lives of their grandchildren. But what happens when family dynamics change due to separation, divorce, or other circumstances? In Ontario, grandparents’ rights are an important but often misunderstood area of family law. Here’s what you need to know:

1. The Best Interests of the Child:
In Ontario, family law is centered around the best interests of the child. This principle applies to all decisions regarding custody, access, and visitation, including those involving grandparents. Courts will consider whether a relationship with the grandparent is beneficial for the child’s well-being.

2. Seeking Access or Custody:
Grandparents can apply to the court for access (visitation) or even custody of their grandchildren. However, to be successful, they must demonstrate that their involvement is in the best interests of the child. This can be particularly relevant in situations where the parents are unable or unwilling to care for the child.

3. Existing Relationships Matter:
If a grandparent has had a strong, positive relationship with the grandchild, the court is more likely to consider granting access. Continuity and stability are key factors, so it’s important to show that the grandparent’s involvement provides emotional support and stability for the child.

4. The Role of Mediation:
Before turning to the courts, it’s often advisable to try mediation. Mediation allows families to discuss and resolve disputes in a less adversarial setting. This approach can help maintain family relationships and reach a solution that benefits everyone, especially the children.

5. Legal Standing:
While grandparents can apply for access or custody, they do not have an automatic right to either. The application process can be complex, and success is not guaranteed. That’s why it’s crucial to seek legal advice early on to understand your rights and options.

6. The Impact of a Court Order:
If a court grants access to a grandparent, it becomes a legally enforceable order. This means that the parents must comply with the terms of access. Failing to do so can lead to legal consequences. Conversely, if a grandparent is denied access, it’s important to understand the reasons and whether an appeal or modification of the order is possible
.
7. Ongoing Involvement:
Even if formal access is not granted, grandparents can often find ways to remain involved in their grandchildren’s lives. This may include maintaining indirect contact, such as through letters, phone calls, or virtual visits. It’s important to focus on preserving the relationship in any way that is possible and positive for the child.
Grandparents’ rights are a complex area of family law, but with the right approach and legal guidance, it’s possible to maintain those special bonds with your grandchildren.
 
FOUR LIGHTS ADVOCACY LLP can help!
If you need legal guidance and representation, reach out to Four Lights Advocacy to speak with one of our experienced family lawyers. Contact us at [email protected] or call us at (905)-605-5100.


Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. It does not establish a lawyer-client relationship. For specific legal advice regarding your situation, please consult with a qualified family lawyer.​
 

As families become more mobile, the legal challenges surrounding divorce and spousal support can become increasingly complex, especially when different countries' laws are involved. This issue is particularly pressing for couples in Ontario when a divorce is granted outside of Canada.

The Legal Landscape
A foreign divorce can significantly impact the ability to obtain spousal support in Ontario. Two recent cases from the Court of Appeal for Ontario highlight the complexities and potential pitfalls of this situation.

Case Summaries

Case 1: Russia
A couple married in Russia and moved to Ontario in 2018. Shortly after separating in 2019, the husband filed for divorce in Russia, which was granted in early 2020. The wife, unable to seek spousal support under Russian law, argued that the divorce was an attempt to avoid his support obligations. The Ontario Superior Court and the Court of Appeal both refused to recognize the Russian divorce, allowing the wife to pursue spousal support in Ontario. Justice Jonathon George emphasized that unfair forum-shopping tactics are against Canadian principles of partnership and equality in family law.

Case 2: Bangladesh
A couple married in Bangladesh moved to Canada in 2016, with the wife joining in 2017. The husband divorced the wife under Bangladeshi law before her arrival in Canada. Despite her subsequent remarriage, the wife sought spousal support in Ontario. However, the Ontario court recognized the Bangladeshi divorce, and Justice Julie Thorburn noted that Ontario law does not allow a former spouse to seek support after a foreign divorce. She pointed out that legislation changes could address this issue to prevent hardship for those affected.

Key Takeaways
For Ontario couples with international ties, it's crucial to understand their rights and obligations regarding spousal support. These cases underscore the importance of careful legal planning and the potential need for legislative reform to protect spousal support rights after foreign divorces.

FOUR LIGHTS ADVOCACY LLP can help!
If you need legal guidance and representation for your divorce, reach out to
Four Lights Advocacy to speak with one of our experienced family lawyers. Contact us at
[email protected] or call us at (905)-605-5100.
www.fourlights.ca

Summer vacations should be a time for fun, adventure and relaxation. But divorced parents
know that they can also cause stress, tension, and conflict. Here are some tips to ease the burden and hopefully keep you out of court so that you can enjoy your time away with the kids.

TIP #1 Communication
Good communication between co-parents is key to successful summer plans. Discussing plans
early helps prevent conflicts. Agree on dates, destinations, and activities to ensure both parents
are on the same page and prioritize the child’s needs.

TIP #2 Document Everything
Put any agreed changes to custody, access, parenting time, and vacation in writing. This
documentation can prevent disputes and serve as evidence if needed. The easiest way to do this
is to communicate with your ex by e-mail and/or text message.

TIP #3 Minimal Disruption
Keeping a stable routine is important for children. Make sure vacation plans don’t disrupt their
usual schedule too much and set guidelines for staying in touch with the non-traveling parent.

TIP #4 Traveling Across Borders
If you are travelling outside of Ontario or internationally, remember that different places have
different custody rules. You might need the other parent's permission or a court order to take your child out of the country. Understanding these laws helps avoid legal issues.

TIP #5 Always be the Most Reasonable One
If the other parent breaks the agreed custody arrangement, try to resolve it amicably first.
Propose reasonable solutions in which each sides benefits and compromises in equal measure. If that doesn’t work, legal help might be needed. Document any violations and consult a lawyer for guidance. Legal remedies can enforce agreements and ensure the child’s best interests are
protected.

FOUR LIGHTS ADVOCACY LLP can help!
If you need legal guidance and representation to modify or enforce a custody order, reach out to
Four Lights Advocacy to speak with one of our experienced family lawyers. Contact us at
[email protected] or call us at (905)-605-5100.
​
www.fourlights.ca