D.R.+2492

// D.R. 2492 // 33. Every decision concerning a child shall be taken in the light of the child’s interest and the respect of his rights. Consideration is given, in addition to the moral, intellectual, emotional and material needs of the child, to the child’s age, health, personality and family environment, and to the other aspects of the situation. 611. In no case may the father or mother, without a grave reason, interfere with personal relations between the child and his grandparents. Failing agreement between the parties, the terms and conditions of these relations are decided by the court. · The parents are refusing access based on reasons related to the grandfather’s past behaviour. The parents are concerned about the grandfather’s lack of responsibility, his risk of harming the children emotionally, morally, and intellectually. “They question his judgment in different circumstances such as his driving, his respect of the law, his respect for his own children, his ethics, and his empathy towards others.” · Other members of the family have also expressed similar concerns with respect to the grandfather’s past behaviour · The grandfather has not seriously disputed the allegations made against him and invokes his rights under art. 611 CCQ · However, the grandfather has not addressed the elements outlined in art. 33 CCQ. He has not demonstrated how his having contact with the children would be in their best interests nor has he expressed his love of his grandchildren. Rather, he insists upon his own rights ·  The intentions of the grandfather are not entirely altruistic and seem related to the dispute with his adult family members, rather than to the best interests of his grandchildren · Significant regard to parental authority must be given. 611 CCQ is not meant to undermine parental authority. The right to deny access of a grandparent to their grandchild for grave and serious reasons is an attribute of parental authority
 * Facts: ** Grandfather is applying for visitation rights with his daughter’s two children. His daughter and her husband are contesting the application.
 * Held ** : Application denied
 * CCQ articles considered: **
 * Reasoning ** :