Grandparent-grandchild access : Final report : grandparent-grandchild access

The Commission is of the view that existing Nova Scotian legislation, when seen through the lens of the best interests of the child, currently strikes the right balance. [...] Section 16(8) of the Divorce Act directs the court that in making an order for custody or access it “shall only take into consideration the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child.” It is to be emphasized that the federal Divorce Act only applies to custody and access applications presented in the co [...] The Act mandates that determination of access must be made in the best interests of the child and section 1 of the Act defines the best interests of the child in such a way as to require taking into consideration “love, affection and ties that exist between the child and. [...] When those positive relationships are imperiled arbitrarily, as can happen, for example, in the reorganization of a family following the separation of the parents, the court may intervene to protect the continuation of the benefit of the relationship. [...] Judge Carruthers of the Alberta Provincial Court stated that: The effect of the legislative provision enables the Court to examine the underlying reasons for the denial of access and to make a determination as to the reasonableness of the actions of the parents.