What is the test for establishing a positive grandparent relationship?
Ontario, Canada
The following excerpt is from Beckwith v. Beckwith et al, 2019 ONSC 6470 (CanLII):
The case law supports that the following must be established: does a positive grandparent grandchild relationship already exist; has the parents’ decision to terminate access imperiled the positive grandparent grandchild relationship and has the parent acted arbitrarily. Giansante v. DiChiara 2005 CanLII 26446 (ON SC), [2005] O.J. No. 3184
Elements of a positive relationship have been summarized as: a strong loving tie between the child and grandparent; the relationship must be constructive in the sense it is worth preserving but if relationships are too poisoned the relationship may not be capable for preserving: the child’s age and the last time the child saw the grandparents. Torabi v. Patterson, 2016 ONCJ 210.
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