Maternal grandparents applied for court-ordered access to their grandchildren under the Children’s Law Reform Act after the parents terminated contact following family conflict and eviction proceedings.
The court reviewed the governing principles on grandparent access, emphasizing that the best interests of the child and parental decision-making authority are paramount where parents are attentive to their children’s needs.
Although the court accepted that a prior relationship existed and found aspects of the parents’ allegations exaggerated, the evidence also demonstrated significant and ongoing hostility between the adults and an incident involving secret contact that precipitated child protection proceedings.
The court concluded that the relationship between the grandparents and the children was ordinary rather than “special” and that ordering access would likely intensify conflict and place the children in the middle of adult disputes.
The application for access was dismissed, though the grandparents were permitted to send cards and gifts on special occasions.
