Use the Courts as a Last Resort
Bonnie Buxton
Bonnie Buxton is a freelance writer and editor who lives in Toronto
If
you're concerned that you might lose access to your grandchildren, get to
work immediately. There are many steps you can take without setting foot in
a courtroom, according to lawyer Allan Cooper and organizers of support groups
for grandparents:
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The old adage "An ounce of prevention is worth a pound
of cure" is particularly apt here. While your relationship is good
with your child and his or her spouse, continue to build on it. Don't give
unwanted advice -- give advice only if it's asked for.
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If separation or divorce is involved, don't take sides,
and don't criticize the parents, especially in front of the children.
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If you have any inkling that things may be going wrong,
contact one of the many support groups in Canada (see accompanying box).
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If there has been an estrangement, or if you are seeking
custody, keep a private journal. This document will be extremely important
in the event of a court case or mediation, and will also save you time and
money. Keep a record of telephone calls, visits, and what was said and done.
Don't be vindictive -- but record the fact that someone was on drugs or
alcohol. Number the pages and write on one side only. Most courts will now
accept such a journal.
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Try to rebuild relationships with the estranged parent.
Nancy Wooldridge, coordinator of the B.C. Grandparents Rights Association,
suggests that you apologize -- even if you feel you weren't in the wrong.
Write a letter along these lines: "If I've done something to offend
you, please let me know what it is, and I'll try to correct it." You
might also want to add things like, "The children must miss me as much
as I miss them...if you would like a break, I could look after them for
a weekend." Before sending any letter, read it to the coordinator of
your support group to ensure you have not written anything that could be
damaging in court.
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If your letters regarding access don't work, you may want
to hire a lawyer. If you can't afford a lawyer, inquire about Legal Aid.
Allan Cooper suggests you instruct your lawyer to take a soft approach.
Ask him or her to designate a neutral, trained psychologist or child care
worker who is willing to hear all sides. Try to avoid a psychological assessment,
which can be "rather formal and costly."
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If you can prove that your grandchild is being abused or
neglected, consider seeking custody. (Under the law, you must report any
abuse to the authorities.) Check with your provincial attorney general's
office about the procedure; custody application may not cost you a cent.
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If attempts at mediating access fail, you will have to choose
between a court battle and biding your time until the children get older
and can decide for themselves. Cooper says that while you're waiting, you
can continue to do things for your grandchild -- "try to send a gift
or card, call the child on his birthday, set up a small trust fund."
Protect yourself from bad-mouthing by the parent; don't get embroiled in
arguments.
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Work with your support group to lobby for change. Reform
Party's Daphne Jennings says that even if her bill proposing changes to
the Divorce Act is referred to committee, that's a positive step. "Write
to your MPs and let them know you expect to see some changes. Don't give
up...it's an important issue that's not going to go away."
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CANGRANDS National Kinship Support
R.R. 1, McArthurs Mills, Ontario K0L 2M0
Tel: 613-474-0035
E-mail: grandma@cangrands.com
courriel: demandez@cangrands.com