What are the legal rights and obligations grand-parents have towards their grand-children?
First, according to the Civil Code of the province of Québec, grand-parents cannot held responsible to provide alimony payments to support their grand-children, even if they have the means to do so. The inter-generational alimony obligation is only applicable between two directly linked generations, such as parents and children.
The Civil Code of Québec does however grant certain rights to grand-parents. Grand-parents can ask the Courts to provide them access to their grand-children if the parents refuse this access without serious motif. What is considered to be a serious motif for parents to refuse grand-parents to have access to their grand-children? The Courts have not established any strict guidelines on this topic. The motifs invoked by the parents cannot, however, be basic pretexts to stop grand-parents to have access to their grand-children. The Courts ask themselves what is in the best interest of the child. Is it in the best interest of the child to have access to its grand-parents? This is the guideline the Courts use. The Courts recognize the importance the role grand-parents play in the life of grand-children and they favour the inter-generational contact.
What kind of access rights are usually granted by the Courts? This varies, once again depending on each individual situation presented to the judges. Access rights granted can vary from two hours per month or the right to contact the grand-children by telephone to large access rights which could include up to two consecutive weeks during the summer holidays.
Grand-parents may even request custody of their grand-children should the situation permit it. In such an instance proof has to be presented to the Courts to the effect that the development of the grand-children would be compromised should they remain in the environment in which they are at the time the request of change of custody is done before the Courts.
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ATTENTION: The information contained in this capsule is not a legal opinion. It is strongly recommended to obtain counsel for each specific case.