Grandparents have rights and certain obligations under the law.
You argue with your mother-in-law and, in the height of rage, you forbid her to come into contact with your children. This situation, a priori unacceptable, is prohibited by law, because the latter specifically provides that parents cannot, without serious reasons, obstruct the personal relationship of children with their grandparents. Know that it is possible for grandparents to present a request to the Superior Court of Quebec and obtain access rights to their grandchildren which are denied to them. Nevertheless, there are certain conditions that can cancel the right of access for grandparents, such as:
- Grandparents have a bad influence on their grandchildren.
- Grandparents try to replace parents and constantly encroach on their parental authority.
- Grandparents physically and verbally abuse their grandchildren.
- The child categorically refuses to see his grandparents.
If, for example, the parent has problems related to drug or alcohol consumption or has mental he alth problems and other he alth-related issues, and the incapacity of the parents are implicated,children can be entrusted to their grandparents. But parents still have a duty to contribute to the financial needs of the child.
Children adopted by a new spouse
Let's take this situation. Your son dies and his spouse, who is also the children's mother, decides to remarry again. If the man decides to adopt the children legally, the biological paternal line of the grandchildren will be replaced by the adoptive paternal line. And even if the grandparents decide to intervene in the file by refusing that the children be adopted by the new spouse, it is the duty of the court to decide on the question by taking into account the interest of the child above all.. It is certain that pleasant and courteous relations between the two parties are strongly recommended in order to ensure the well-being of the children.
In addition, a grandparent can, if he sees that the children are physically or psychologically abused, report the case to the DPJ (Youth Protection Department). In some cases, it is even a legal duty. Remember, however, that there is no legal duty to report a lack of appropriate care, a deficiency in material conditions, behavioral problems of the child without parental intervention, etc.
To find out all about the rights and obligations of grandparents, consult the excellent website for popularizing the laws, educaloi.
