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To my right is Bill 204.. a bill introduced to try and give Grandparents some rights to access. A bill that we personally are testing in the courts right now.




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Bill 204 Grandparents Rights Act in Alberta



BILL 204
Mrs. Forsyth

BILL 204

1997

PROVINCIAL C0URT AMENDMENT ACT, 1997

Amends RSA 1980 cP-20



          (Assented to     , 1997)

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

1     The Provincial Court Act is amended by this Act.

2    The following is added after section 32:

Access orders

 32.1(1) 1n this section,

(a)  "child" means a person under the age 0f 16 years;

(b) "grandparent"  means a grandparent of a child whether related to the child by blood, marriage or adoption.

(2) If a grandparent at any time is refused access to a child, the Court may on application make an order as it sees fit regarding the grandparent's right of access to the child.

(3) The application for an order under this section may be made

(a) by a grandparent of the child, or

(b)     by the child, who may apply with or without any person interested on his behalf.


Explanatory Notes

1     Amends chapter 1 P-20 of the Revised Statutes of Alberta, 1980

2    Access orders

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(4) In making an order under this section, the Court shall take into consideration only the best interests of the child as determined by reference to the needs and other circumstances of the child including

(a)     the nature and extent of the child's past association with the grandparent, and

(b)     the child's views and wishes, if they can be reasonably ascertained.

(5) Unless otherwise ordered by the Court, all costs reasonably related to access visits granted to a grandparent under this section shall be borne by the grandparent.

(6) Section 32(3), (4), (6), (7) and (9) apply to an application made under this section.

(7) Any person who contravenes a provision as to right of access in an order made under this section is guilty of an offense and liable to a fine of not more than $1000 or to imprisonment for a term not exceeding 4 months.

3 This Act comes into force on Proclamation.


3 coming into force