A Grandparent's Right to Spend Time with their Grandchildren
Amendments to the Family Services Act in May 2017 introduced additional factors the court must consider when deciding on access to children. The new provision recognizes children’s right to benefit from the love, affection, and ties that exist between them and each grandparent.
Grandparents may ask questions about their rights to have access to a grandchild especially at times when their relationship with the child becomes disrupted for one reason or another. For example, separation or divorce can be a stressful process and this can affect relationships between children and their grandparents. When this happens in New Brunswick, grandparents and other immediate family members have the right to apply to the court for access. When it comes to children, the courts must always decide based on the “best interest of the child”.