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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100986
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My son has given my husband and me a written consent to

Customer Question

my son has given my husband and me a written consent to temporary custody of his son, our grandson. he and the mother of the child are not together but they have joint custody with him being the custodial parent. the mother has agreed with us being custodial grandparents. given that my son has signed a paper stating temporary custodial grandparents until he finishes school, gets a job and can prove that he is self sufficient and can support him and his son fully, can this be a binding contract even though lawyers were not involved. the mother has agreed to sign a similar paper but the only difference is that she will get more visitation privileges with us then what was given to her through the courts
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

If for some reason you end up in court over custody and access issues relating to the child, the agreement will be used as evidence to show what both parents thought was in the best interest of the child. But, no agreement about a child is ever carved in stone. That is because if it ever goes to court the only consideration the court will make is to determine what is in the child's best interest. So while the agreement could be evidence of what is in the child's best interest it is not binding in the way that other contacts are.

Do you see what I mean?