Ask a Lawyer: Family Law / Divorce

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Grandparents

Kayla (Calgary)

My partner which is the father on my 2 kids was killed last month and his mother keeps leaving me threatening voicemails if I don’t let her talk to our 5 year old. The reason why I am putting a boundary up right now is she isn’t keeping adult conversations to her self instead she keeps saying inappropriate things to my daughter for an example… she told her that she will now be her daddy. Which confused my daughter and I had to explain to her for over a week that, that is not true. Any ways can she take me to court or anything. She keeps saying she going to call the cops and child protection on me if I don’t. I just don’t know what I should be doing.

0 3 months ago

Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton)
   Verified Lawyer

Hi Kayla,

I am sorry for your loss and your children's loss of their father. This will be a difficult time without the added complications of threats.

There is no such thing as "grandparents' rights" but, rather, the children have a right to a relationship with their extended family as is consistent with their best interests. If contact with a particular family member is harming them, you have the right, as a legal guardian, to limit that contact. It is unlikely that the "cops" or "child protection" would do anything with a call from the paternal grandmother if the only complaint is that you are limiting contact right now.

The Family Law Act does provide grandparents somewhat special status to not need leave of the court before bringing a contact application, though. There is a new Family Justice Initiative in Alberta courts that imposes other preliminary steps before anyone is granted a court date, such as mediation or family counselling. Here is a link to the news release about the new programs: https://www.alberta.ca/release.cfm?xID=893927C5CE690-FFA2-A2F0-ACF90115EB8E62CE

I would recommend you speak to a lawyer to discuss the details specific to your situation in private and confidential setting.


2 3 months ago

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