There deserve to be important world in a children life as well as the parents. These people could incorporate an aunt, uncle, stepfather, grandparent, parent’s new spouse, nanny, etc. Have the right to someone various other than a child’s parents ask for and get custody of the child?

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Custody provided to a third Person

The law gives priority come parents as soon as it pertains to the custody of your children.

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However, another person deserve to go to court and ask for custody. This sort of request for custody is not constantly related to negative behaviour by the parents. Sometimes, the children well-being requires a third person to have custody.

A third person who desires custody should prove come the judge the this is in the understanding of the child.

This is not an easy thing come do due to the fact that the parents are often in the ideal position to ensure the well-being of your children. The third person must convince the judge that the the contrary is true.

Decisions Concerning kids Who room in the Custody of a third Person

The parents’ right to be affiliated in decisions about a boy does not immediately disappear if a 3rd person it s okay custody.

This means that the parental can proceed to be involved in essential decisions worrying their children, together as

health care,education, andlong-term recreational activities.

Divorce: Vocabulary adjust in the Law

Since in march 1, 2021, the Divorce Act no much longer uses the state “custody” or “access”. The legislation now offers the ax “parenting time” to describe a divorce parent’s partnership with a boy of the marriage. For more information, check out our write-up Divorce: What Is “Parenting Time” and What come Do when Moving.


Real Cases: Custody provided to a third Person


Custody was initially awarded to the mother. After ~ she happen away, the children went to live v their father. That was not able to connect with the children because his parenting format was an extremely different 보다 the mother’s. The children really want to live through their aunt and uncle, yet the father would certainly not allow them. The aunt and also uncle saw court to ask for custody the the children.

Given every the circumstances, and also the understand of the children and their wishes, the five judges hearing the case allowed the children to live through their aunt and also uncle.


Two females were living with each other as a couple. Among them got pregnant but refused to identify the various other woman’s legal rights as a parent. However, both of them increased the son together native the moment he was born, for over two years. He even called his mother’s companion “Mom.”

The females separated. The woman who was no the biological mother wanted joint custody of the child. They checked out court end it. The three judges that heard the instance awarded share custody, for this reason the son would spend half of the time with the woman who was no his biological mother.


The child’s mother and father had actually separated. The father had actually had custody that the child for the previous four years. The mom never showed much interest in the child and was not an extremely involved in his life. As soon as the kid turned 13, he decided that he want to live v his maternal grandfather, where he invested a most time throughout the summer. The grandfather, that was much much better off financially 보다 the father, spoiled the child. He asked because that custody of the child, arguing that the dad was not able to satisfy the child’s material needs, and that the father and also child were living in dirty conditions.

The judge ruled that it was the grandfather’s fault that the kid was unhappy with his father and also his lifestyle. Also, the points the grand claimed versus the father were not proven. The father stated he was doing his best and offering what he could to his son. The judge refused to compensation custody come the grandfather.


The child’s mother and also father were separated and also had joint custody of the child. Whenever it was the father’s revolve to have the child, he would lug him to the granny (the father’s mother). Then, the father left the kid with the grandmother and also moved in v his brand-new spouse. The child’s father and also mother had a disagreement end something. The grandmother, donate by the father, asked for custody the the child. The mom responded and additionally asked because that custody the the child, claiming that the dad did no take care of him and let the grandmother perform everything.

The judge discussed that a parent has priority over a third person when it involves the custody of a child. Because the mom was a an excellent parent, the referee awarded custody come her. The granted visiting rights to the father and also grandmother.


Another opportunity for Grandparents

Grandparents have another option aside from questioning for custody of your grandchildren due to the fact that the legislation protects the relationship in between grandparents and their grandchildren.

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If that is challenging or difficult for grandparents to watch their grandchildren because the parents space not allowing it, climate the grandparents can file a inquiry in court and ask for visiting rights. Visiting rights allow an adult that does not have actually custody that the kids to invest time v them.