Grandparents’ Rights

 
In December 2006, Manitoba’s Child and Family Services Act was amended to specifically address grandparents’ rights to apply for access. The legislation specifically recognizes that children can benefit from a positive, nurturing relationship with their grandparents. It also outlines possible kinds of access that can be granted and some of the factors the court may consider in deciding whether access is in the child’s best interests.
 
For Manitoba laws on grandparents’ access and the best interests of the child (sections 78 – 81), see Appendix A.

DIVORCE ACT - federal laws

Access to children is addressed by both federal (Canada) and provincial (Manitoba) laws. Which law applies depends on the circumstances. When the parents of a child are getting a divorce, the Divorce Act applies. This guide does not cover applications for access made in a divorce proceeding.
 
For more information on the Divorce Act and how it affects access, visit: http://laws-lois.justice.gc.ca/PDF/D-3.4.pdf and see Section 16 on ‘custody orders’.