Legal Question in Family Law in Canada

My Children

My ex husban took my 3 children age 3,5&6 to his parents house which ive told him many times that they are not allowed there as it is unsafe for them.their house is full of moldy food, garbage e.t.c.would it be invasion of privacy for me to go into the house and take pictures or do I have the right?


Asked on 1/17/09, 10:38 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: My Children

We assume that either your and your ex-husband share joint custody or he has access rights. You do not have the right to set limits on where the children can visit when they are with him, without a court allowing you to do so. There are access rights between the grandparents and the children - the rights are the rights of the children to visit and know their grandparents more than the grandparents' rights to have access to the children, and you should not restrict the childrens' rights. The grandparents may go to court and obtain an order for access, in addition to any access your ex-husband has. Your perception that the paternal grandparents' home is unsafe may be accurate or may not be. The test is not what you think but what is objectively acceptable. If you do not like the situation, ask the court to make the appropriate order, but you may be faced with having to obtain a custody and access report or other investigation. Simply your word is not likely sufficient, as your ex-husband and his parents will probably reply saying the house is in acceptable condition and you are too sensitive or controlling. It is not acceptable to go into their house and take pictures without the consent of the paternal grandparents; to do so would be at the least a trespass, an invasion of privacy and may well be a criminal act. Don't do it. Yous hsould consult a lawyer as soon as you can.

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Answered on 1/18/09, 12:38 pm


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