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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99432
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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We have guardianship/custody of our 4 Grandchildren.This was

Customer Question

We have guardianship/custody of our 4 Grandchildren.This was granted by the courts in Alberta.They were removed by Child protection because of drug,alcohol & violence.The children reside with us in Goose Bay NL. Their mother has followed them here and we have been in and out of court since her arrival.nothing has changed in her life. The court here has granted her visits once a week for 2 hours. She wants more access. The two older kids age 13 & 9 yrs want the visits to stop. Should the children's wishes be taken into consideration or do the biological parent take precedence?
JA: Since laws vary from place to place, what state is this in?
Customer: This is in the province of Newfoundland & Labrador Canada.
JA: Has anything been filed or reported?
Customer: We have been in court and are about to go again on Jan 19.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there any charge for this?
Submitted: 5 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 5 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 5 months ago.

I am sorry to hear this.

Are you asking about what the Judge would consider or child protection or what you should consider?

Customer: replied 5 months ago.
What should the judge consider
Customer: replied 5 months ago.
Please answer the question.
Expert:  Legal Ease replied 5 months ago.

The Judge will only consider the best interests of the children.

The Judge will not consider what the mother wants if that isn't in the children's best interests.

The Judge will give the 13 year old's wishes considerable weight. That is because it is generally not in the best interests of a child of that age to force her to do what she doesn't want to do.

The 9 year's old wishes will not be given that much weight just yet.

So really your best approach is to make it clear that the access visits are not in the children's best interests and some evidence of this is the two older children's strong desires not to see their mother.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 5 months ago.

Is there anything more I can help you with at this point in time?

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