Third Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
THE CHILD AND FAMILY SERVICES AMENDMENT ACT (GRANDPARENT ACCESS)
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Child and Family Services Act is amended by this Act.
2 The following is added after section 78:
78.1(1) In this section, "grandparent" means a grandparent of a child whether related to the child by blood, marriage, common-law partnership or adoption.
78.1(2) A grandparent of a child may apply to court for access to the child.
78.1(3) On an application made by a grandparent, a judge may make an order granting the grandparent access at the times and subject to the conditions that the judge considers to be in the best interests of the child.
78.1(4) In addition to the factors set out in section 2, when determining the best interests of the child under subsection (3), the court must have regard for and give emphasis to the love, affection and similar ties that exist between the child and the grandparent.
78.1(5) Pending the hearing of an application under this section, the court may make an interim order regarding a grandparent's right of access to a child.
78.1(6) Subsections 78(3), (5), (6) and (7) apply, with necessary changes, in respect of an application made under this section.
3 This Act comes into force on the day it receives royal assent.
This Bill requires that, on an application by a grandparent for access to a child, the court must consider the love, affection and similar ties that exist between the child and the grandparent.