In Alberta, Judges are to make decisions about children based on what is in their best interests. Section 18 of the Family Law Act lists a number of things that a court should consider when determining what is in a child’s best interests. The list includes protecting a child’s physical, psychological, and emotional safety, looking at their need for stability and a connection to their cultural heritage, and considering what the child wants.

One important consideration for grandparents is:

“the nature, strength and stability of the relationship between the child and each person residing in the child’s household and any other significant person in the child’s life, and between the child and each person in respect of whom an order under the Part would apply.”

This means that court is likely to give some thought to how a decision about a child will affect the child’s relationship with their family members, including grandparents.

 

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