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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100945
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My Sister and I do not get along. She is toxic, so I have

Customer Question

My Sister and I do not get along. She is toxic, so I have removed her from my life. I have two girls that I have never stopped her from seeing but she does not seem to even care to try. She has a 2 year old. We are close with her ex and saw my nephew twice. Then my Sister demanded that me , my husband and 2 girls ages 9 & 12 are not aloud any contact with him. She even threatened the ex that she would fight harder to take their son away from him and scared him into signing a paper that says that he won't give us visitation.... He was sending us pics and videos, so we can still watch him grow and watch him open gifts we send him. My Sister has found out and now says no contact at all means no pics or videos either. She also goes on to say that I'm her sister and if we want to see their son, I have to go through her. I have reached out by email twice for visits with my Nephew with no response from her... Can she legally do this and stop us from seeing our nephew? We have no criminal records and just want to love and build a relationship with our nephew like we have with other other ones. Please help us.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

I am very sorry to hear of this difficult and terribly sad situation.

What province are you in please?

Customer: replied 1 year ago.
Thank you. We are in Ontario
Expert:  Legal Ease replied 1 year ago.

In Ontario it is possible for anyone to bring an application for access. This person does not need to be a parent or even a grandparent.

To convince the court to grant you access to your nephew you would have to prove to the court what you are asking for is in the best interest of the child.

It may be possible for you to prove this to the court.

At the same time, courts do not like to make rulings that do not follow a parent's wishes. So succeeding is not always that easy.

What I suggest you do as a first step is send a letter to your sister and your brother-in-law and make it clear that while you hope to resolve the situation amicably if necessary you will proceed to court to get a court order for access. In fact, it would be better for you to have a lawyer send this letter.

There are lawyers in Ontario who specialized in grandparents rights. I suggest that you contact one of them if possible.

Does that help as a starting point?

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.

Customer: replied 1 year ago.
The ex we are close with and he completely agrees with us being part of his Son's life. He does not agree with what my Sister is doing, she's keeping their son from him to for the most part. So basically I need to go through a lawyer to get this resolved i believe is what you are saying?
Expert:  Legal Ease replied 1 year ago.

If they aren't letting you see the child for whatever reason you won't be able to do so without a court order.

You can self-represent but this is highly complex. However, the reason you would get a lawyer to write the letter is to scare them (your sister) into agreeing you can see the child.

Expert:  Legal Ease replied 1 year ago.

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