Grandparents Association of Québec
What rights do our grandchildren have to access their grandparents?
Article 611 of the Civil Code of Québec provided until June 8, 2022 that :
"Fathers and mothers may not, without serious reasons, interfere with the personal relations of the child with his grandparents. Failing an agreement between the parties, the terms and conditions of such relations shall be determined by the court."
On June 8, 2022, Act 2 amended Article 611 of the Civil Code as follows:
"Personal relations between the child and his or her grandparents may be maintained or developed insofar as this is in the interest of the child and, if he or she is 10 years old or older, he or she consents, unless he or she is unable to express his or her will. Such relations may, subject These relationships may be maintained or developed by any means appropriate to the situation and it is not required that the persons be in each other's physical presence. The terms of the relationship may be agreed upon in writing between the child's parent or parent as guardian, the child's guardian, if any, or the child who is 14 years old or older and the child's grandparents or former spouse of the child's parent or parent, as the case may be.
If the child who is 10 years old or older but under 14 years old does not consent, or if there is disagreement between the parties, the continuation or development of the relationship shall be determined by the court.
In all cases, the consent of the child 14 years old or older to the maintenance or development of the relationship is required and the child may, at that age, terminate the relationship without further formality, whether or not a court order has been made."
What should I do if I am denied this right?
More and more often, this question is raised before legal practitioners by exasperated, even desperate, grandparents who are faced with the fact that they cannot or no longer see their grandchildren because of the will of one or both parents, and this, for multiple and often futile reasons.
Unfortunately, if an amicable agreement is impossible, you will have to resort to the courts.
Obviously, any decision that the Court renders will be in the sole interest of the child, in accordance with article 33 of the Civil Code of Quebec, which stipulates that
« Decisions concerning the child must be made in his interest and with respect for his rights. In addition to the moral, intellectual, emotional and physical needs of the child, his age, health, character, family environment and other aspects of his situation are taken into consideration.»
What is important to remember is that the courts have held, in the majority of decisions, that article 611 C.C.Q. creates a favourable presumption that it is in the interest of grandchildren to maintain personal relations with their grandparents and that this favourable presumption can only be overturned by proof of serious reasons.
Furthermore, it has also been recognized by our courts on numerous occasions that it is not sufficient that there be a conflict between parents and grandparents, no matter how serious, to prohibit any grandparent/grandchild relationship. Finally, it will have to be proven that if there were grandparent/grandchild contact, it would cause a harmful effect on the grandchild or grandchildren, in short, the court will have to verify the potential impact of the conflict on the child.
Call us: we will guide you to professionals to assist you in your process.
