Grandparent Access Rights in Alberta

Apr 7, 2025

Lecture Notes: Grandparent Access Rights in Alberta

Key Issues

  • Grandparent Access: In Alberta, grandparents sometimes face being shut out of their grandchildren's lives.
    • Numerous grandparents find themselves denied access to their grandchildren, leading to grief and heartbreak.

Arguments for Grandparent Access

  • Child's Best Interests: It's argued that it benefits children to know and have a place within their extended families.
    • Access to family should be the child's right.
    • Family access shouldn’t be used punitively by parents or grandparents.

Legal Challenges

  • Complex Legal System: Grandparents can pursue access through civil court, but this process is:

    • Onerous
    • Expensive
    • Time-consuming
    • Described as unnatural
  • Confusing Legislation: Access, custody, and guardianship involve:

    • Multiple provincial statutes
    • Three different courts
    • Difficult for non-lawyers to navigate

Specific Legal Provisions

  • Section 19 of the Provincial Court Act:

    • Contains provisions for grandparent access
    • Describes processes for access and custody
    • Criteria based on the best interests of the child
  • Family Law Act:

    • Allows parents to decide who their children associate with
    • Court grants application for contact only if it's in the child's best interest

Call to Action

  • Need for Reform:

    • A non-adversarial method is needed to improve grandparent access
    • Current system is bewildering, frustrating, and heartbreaking
  • Government Action:

    • Request for the government to develop a better role for grandparents
    • Suggests moving away from litigation-focused solutions

Conclusion

  • Personal Advocacy: Mention of constituent Wendy Walker as an example of those affected
  • Need for Change: Urges government to create solutions that don't rely on court litigation

These notes summarize important aspects of the lecture concerning grandparent access rights and current challenges in Alberta. The focus is on the legal complexities and the need for reform to better support grandparents seeking relationships with their grandchildren.