Do grandparents have the right to see their grandchildren?

In detail

The rules governing personal relations between a minor child and their grandparents were revised, in particular to add the possibility of maintaining relations with a parent's former spouse, to give more weight to the child's consent, and to establish that maintaining the relations has to be in the child's interest.

The weight given to the child's wishes is explicit: the wishes of a child aged 14 or over must be respected, so that no agreement is possible if a child of that age refuses; the child can also put an end to it without any other formality, whether or not an order has been made. For children aged 10 to 13, their consent may be required depending on the circumstances.

An application to the court is therefore a last resort, for when discussion with the parents has not succeeded.

What to document

The concrete history of the relationship: how often visits took place before contact was cut off, dated photos, cards, exchanges, times you looked after the child, attendance at events. Then your recent attempts to re-establish contact, with the dates and the replies received. What is assessed is the reality and the continuity of the bond, not the family tie on its own.

Official sources

• Gouvernement du Québec — Principles applied in determining custody of a child
• Gouvernement du Québec — Rights and obligations of parents

Related questions

• Do I have to consult the other parent on important decisions even if I have custody?
• Does the parental union change anything about my children's custody and support?
• When does a parental union end?
• How is the payment made when the parental union patrimony is divided?
• Does a step-parent have any rights over their spouse's child?

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