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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100996
Experience:  Lawyer
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My sister's grandchildren were adopted by our father and s

Customer Question

My sister's grandchildren were adopted by our father and his wife. Does she have any rights to visitation?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I need to know more of the basic facts.

For example, is there any order or agreement about this?

Also, are you saying the great grandfather and spouse adopted the children?

Customer: replied 1 year ago.
the great grandfather and his spouse adopted the children. I'm nor sure what you mean by order of agreement
Expert:  Debra replied 1 year ago.

When the children were adopted was there any order made about who could have access to these children or was there agreement made about this?

Customer: replied 1 year ago.
There only agreement was that my father's spouse said she would never keep the children from their grandma (my sister) and so she supported the adoption.
Expert:  Debra replied 1 year ago.

Was the agreement in writing?

When is the last time your sister saw the children?

How often did you see the children before the adoption?

Customer: replied 1 year ago.
There was nothing in writing. She saw them regularly, almost every day. Even after the adoption she saw them almost daily. That stopped as free she had a disagreement with our father's wife. My sister did move away from the city where they all lived but almost every time she tries to see them or contact them she's denied. She did see them for dinner the other night but only after she bagged.
Expert:  Debra replied 1 year ago.

I understand.

Your sister can apply to the court for an order for access. She will get this if she can show that what she is asking for is in the best interests of the children and it certainly sounds like it would be since she saw them almost every day.

But a better first step would be for her to consult with a family lawyer who has dealt with issues such as those relating to grandparents' if possible and have that lawyer write the adoptive parents a letter essentially saying that your sister wants to resolve this amicably but if necessary she will obtain a court order as she believes strongly that the children are being harmed by being denied access to her.

It is likely they will agree as they will not want to be dragged into court and when they see a lawyer the lawyer will likely advise them to give your sister access so that they do not have to go to court where they will likely not succeed.