Vancouver and Edmonton Family Law Blog

A separation is when two people decide to end their domestic relationship. It is not a legal term, and it’s not something that is granted by a court of law. Married couples may decide to separate, but not necessarily get a divorce.

The truth is that the law doesn't assume grandparents have the right to have a relationship with their grandchildren, nor does it assume grandchildren have that same right. The Family Law Act in Alberta does not protect grandparents' rights to see their grandchildren. It does give grandparents options to be able to see their grandchildren when the kids' parents don't want that to happen -- namely, grandparents can apply to the court for a contact order. 

Under the act, grandparents can also apply for guardianship of their grandchildren or permission to care for them -- also known as kinship care. The Alberta Child, Youth and Family Enhancement Act also allows grandparents to apply for private guardianship of their grandchildren if their grandchildren are in the care of children's services, or are subject to temporary  or permanent guardianship orders or agreements. In order not to lose sight of their grandchildren, grandparents need to act as quickly as possible by talking with their own children in the event of a divorce or separation and by rebuilding relationships with the grandchildren. 

If you and your spouse have a child, it may seem obvious that Alberta law considers you parents. This title gives you the rights and responsibilities you may associate with parenting, many of which you may not give a second thought to, such as feeding or disciplining your child according to your standards and beliefs. The law calls these the duties of guardianship

However, if you and your spouse separate or divorce, your role may go through an adjustment, not only practically but also in the eyes of the law. While you will remain a parent to your child, your guardianship responsibilities may change.