Grandparents access rights vs parents rights

Hello,<br />I disagree with my parents morals dishonesty and values. For this reason I have chosen that my 2 children not be around them. They are now threatening my wife and I with legal action and financial hardship to have access to our kids. Are they justified to sue us for access under these circumstances.<br /><br />Thank you for your time


Asked almost 8 years ago in British Columbia
Categories: Family Law

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Reply by Admin Administrator


This is an interesting question that we covered this season in our TV show, Family Matters with Justice Harvey Brownstone. The Grandparents' Rights episode has already aired in one station in BC but has yet to air on two others in Prince George and Kamloops. Also, the episode will be available on DVD/MP4 very soon on the show's site. Increasingly, grandparents are legally seeking more rights to be a part of their grandchildrens' lives. Courts look at what the best interests of the children are in each case. So in your case, the legal case of your parents would be decided on what's deemed to be the very best for your children. If you need more information on these types of cases in BC, please consult http://www.bcfamilylaw.ca/ (MacLean Family Law Group). One of their lawyers, Manny Witzman, was on our Grandparents' episode and he is very knowledgeable about this sort of thing. Good luck with everything. Also, if you would like to consult with any other lawyer(s), please use our referral service or reply to this response letting us know that you would like help finding a lawyer.

Posted almost 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Terrance E. Hudson

Answer by Terrance E. Hudson

VerifiedBritish Columbia lawyer


The family relations act gives them the right to pursue access, but the Court will generally defer to the parents, particularly where they are together and have solid reasons for the decision not to allow access. 

Posted almost 8 years ago

Terrance E. Hudson Barrister & Solicitor www.hudsonlawyers.ca

All answers provided by Terrance E. Hudson on Advice Scene are provided for information purposes only and are not offered as legal advice. Please note that this response to your question is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be given by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory, or use Lawyer Connect. You may also may arrange a consultation about your issues by by visiting our website at www.hudsonlawyers.ca and requesting a consultation. Consultations may occur in person or via telephone at your convenience. Again, this information is not intended as legal advice, nor should it be relied upon as legal advice. This information is provided to assist you in understanding the law. As with all legal issues, you should consult a lawyer in your jurisdiction with respect to your case as that lawyer will fully appreciate the facts, as conveyed by you, and can provide an informed opinion based on your facts and the current state of the law in your province. The writer, Terrance E. Hudson, of this answer does not accept any liability or responsibility for your use or interpretation of this answer, rather it is provided for information purposes only.

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