Legal Question in Family Law in Canada

Family

Grandparents law in ontario, canada Dear Reader: I have an issue conserning my parents. My Mother just recently found out that me and my fiancy are moving to another location for Jobs. Now my Fiancy is 5 months pregnant and my mother stated to me if i do move that it is up to me to make sure that she see's her grand daughter that we have to go down to her when she wants. not she has had issue's prior to this and it's been pretty much about how she was hoping the baby dies and how why should have never did this and then it whent from that to all for it. now she is saying if i don't make sure and bring our daughter down to her when she wants to see her that she will take us to court howcan we protect our selves??


Asked on 2/28/09, 5:05 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Family

The law firm this question was referred to can only answer questions with reference to British Columbia. Having said that, we doubt that the law in Ontario is much different than in B.C. on this subject, but you shoud consult an Ontario lawyer to be sure. It is unlikely that she willcarry through on any threat of court action if you stnad up to her and simply say "no". If she does attempt to secure access through court, it will be expensive for her & unlikely to succeed - it sounds morelike she is a bully type of person making threats, but bullies rarely carry through on threats when someone stands up to them.

First, the legal question: No, it is not up to you to ensure that yuor mother sees your child. Can she take you to court for access - yes, she can sue you, but under the circumstances you have outlined, as noted above, it is very doubtful she woud win. It is doubtful she would even try once she is firmly told "no".

Second, the real issue: Why would you want your child to have contact with a person who has wished the child dead? it sounds very much like your mother is a controlling and domineering individual, who is unlikely to have any positive influence on your child. Perhaps the best thing about your scenario is that you are oving and this will be a way of ensuring that your mother's poor influence on your child is kept at a minimum or even eliminated completely.

Your mother sounds like she has mental/emotional difficulties that need to be treated by a psychiatrist, and you should see a clinical counsellor or psychologist to give you strategies to assist you with dealing with your mother.

Run, do not walk, away from the influence of your disturbed mother.

Read more
Answered on 2/28/09, 11:34 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Canada