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As a grandmother who has had 80 % care of my 10 year old granddaughter

 
Debra Thal's Avatar
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Customer Question

As a grandmother who has had 80 % care of my 10 year old granddaughter over the past 2 years and 50% care from her birth what are my rights. The mother of this child will not allow me or my husband to see her since over a month now because the mother is a very vindictive, tyrannical person who is subjecting my granddaughter to emotional, verbal and mental and physical abuse . The CAS and police have been involved approximately 2 weeks ago...I fear for my grandchild's well-being(as I have always had to and have tried to keep her as close to a normal life setting as humanly possible so she wouldn't be too harmed from the lifestyle of the mother and her parents.) What can I do to see my granddaughter?

Submitted: 346 days and 5 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED

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Expert:  Debra Thal replied 346 days and 5 hours ago.


Debra Thal (username) :

I am sorry to hear this sad story.

Debra Thal (username) :

You can retain a lawyer to write the mother a letter indicating that while you hope this can be worked out outside the legal system you will have no hesitancy to seek a Court Order granting you liberal access rights if it cannot be as the best interests of the child requires your involvement in a meaningful way given your past care of her.

Debra Thal (username) :

If the child is not safe you may also want to consider discussing applying for custody with the lawyer.

Debra Thal (username) :

If she does not allow you to see the child after that you can seek a Court Order and it's likely the Court would grant you access and more in your case than in most based on these facts.

Debra Thal (username) :


You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or XXX-XXX-XXXX (within the GTA)

Customer :

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.3 %
Accepts: 37499
Answered: 5/11/2012

Experience: Lawyer

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