Can Mediation Work With Grandparent Visitation?
January 22, 2016 by West Coast ADR
While a divorce or separation can certainly make it harder for grandparents to see their grandchildren on a regular basis, particularly in the case of grandparents on the noncustodial side, parents are still usually responsible for setting up these visits. In some situations, however, grandparents may wish to see the children more often or set up a specific visitation time schedule through the courts.
The best course of action if you are a grandparent who wants to see your grandchildren more often but the end of the parents’ relationship has made that impossible or more difficult is to talk with the parents. It may be easier to start with your son or daughter, but you will likely end up having to have a discussion with both of the child’s parents. If an informal meeting does not lead to a satisfactory outcome, the next step would be formal mediation.
Many situations can be resolved through mediation. When a neutral third party steps into the matter, it often helps both sides reconsider how they may be able to compromise or work together. If an agreement is reached through mediation, this can then be put forward to the courts for the final approval. If mediation does not help, however, it may be time to take the case to the family courts.
Before taking any legal action at all, it’s important to talk with a lawyer who is familiar with the family law guidelines and how they apply to grandparents’ rights in British Columbia. This allows you to get as much information as possible and an opportunity to get your questions answered.
Source: Family Law in British Columbia, “Children’s right to time with grandparents,” accessed Jan. 22, 2016
While a divorce or separation can certainly make it harder for grandparents to see their grandchildren on a regular basis, particularly in the case of grandparents on the noncustodial side, parents are still usually responsible for setting up these visits. In some situations, however, grandparents may wish to see the children more often or set up a specific visitation time schedule through the courts.
The best course of action if you are a grandparent who wants to see your grandchildren more often but the end of the parents’ relationship has made that impossible or more difficult is to talk with the parents. It may be easier to start with your son or daughter, but you will likely end up having to have a discussion with both of the child’s parents. If an informal meeting does not lead to a satisfactory outcome, the next step would be formal mediation.
Many situations can be resolved through mediation. When a neutral third party steps into the matter, it often helps both sides reconsider how they may be able to compromise or work together. If an agreement is reached through mediation, this can then be put forward to the courts for the final approval. If mediation does not help, however, it may be time to take the case to the family courts.
Before taking any legal action at all, it’s important to talk with a lawyer who is familiar with the family law guidelines and how they apply to grandparents’ rights in British Columbia. This allows you to get as much information as possible and an opportunity to get your questions answered.
Source: Family Law in British Columbia, “Children’s right to time with grandparents,” accessed Jan. 22, 2016