A A A

Fourth 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.

Bill 201

THE CHILD AND FAMILY SERVICES AMENDMENT ACT (GRANDPARENT ACCESS)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C80 amended

1           The Child and Family Services Act is amended by this Act.

2           The following is added after section 78:

Definition:  grandparent

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.

Application for access by grandparent

78.1(2)     A grandparent of a child may apply to court for access to the child.

Best interests of the child determines access

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.

Love, affection and ties are relevant

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.

Interim orders

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.

Application

78.1(6)     Subsections 78(3), (5), (6) and (7) apply, with necessary changes, in respect of an application made under this section.

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

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.