Report No. 257

IV. Grand-Parenting Time

(1) A child's grandparent may apply to the court for a grand-parenting time order under one or more of the following circumstances, namely:-

a. the parents of the child are divorced or have separated, or proceedings for divorce or separation are pending before the court; or

b. the child's parent, who is the daughter or son of the grandparent, is deceased; or

c. the grandparent has, in the past, provided an established custodial environment for the child, whether or not the grandparent had custody under a court order.

(2) An order for grandparenting time may be issued only after giving due notice, and an opportunity of being heard, to both the parents.

(3) Before issuing an order for grand-parenting time, the court shall determine whether such an order is required for the welfare of the child.

(4) In determining the welfare of the child under this part, the court shall consider the following, namely:-

a. the love, affection, and other emotional ties existing between the grandparent and the child;

b. the grandparent's mental and physical health;

c. the child's intelligent preference;

d. the willingness of the grandparent, except in the case of abuse or neglect, to encourage a close relationship between the child and the parent or parents of the child; and

e. any other factor relevant to the welfare of the child.