FEDERAL

Divorce Act ( 1985, c. 3 (2nd Supp.) )

Custody Orders Order for custody

16. (1) A court of competent jurisdiction may, on application by either or both spouses or by any other person, make an order respecting the custody of or the access to, or the custody of and access to, any or all children of the marriage.

BRITISH COLUMBIA

Family Relation Act [RSBC 1996] CHAPTER 128

Jurisdiction to make custody or access orders 35 (1) Subject to Part 3, a court may, on application, order that one or more persons may exercise custody over a child or have access to the child.

(1.1) The reference to "persons" in subsection (1) includes parents, grandparents, other relatives of the child and persons who are not relatives of the child.

(2) An order for access may be made whether or not a custody order is made.

(3) If a person has not received notice of a proceeding or has not been given opportunity to be heard in the proceeding, custody must not be granted to that person.

(4) An order for custody or access may include terms and conditions the court considers necessary and reasonable in the best interests of the child.

YUKON   Children's Act, R.S.Y. 2002, c. 31

Application to the court

 33(1) A parent of the child, or any other person, including the grandparents may apply to the court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child.

(2) In an application under subsection (1) the court

(a) may grant the custody of or access to the child to one or more persons;

(b) may determine and make an appropriate order about any aspect of the incidents of the right to custody or access; and

(c) may make any additional order the court considers necessary and proper in the circumstances.

Best interests of child

30(1) In determining the best interests of a child for the purposes of an application under this Part in respect of custody of or access to a child, the court shall consider all the needs and circumstances of the child including

(a) the bonding, love, affection and emotional ties between the child and

(i) each person entitled to or claiming custody of or access to the child,

(ii) other members of the child’s family who reside with the child, and

(iii) persons, including grandparents involved in the care and upbringing of the child;

(b) the views and preferences of the child, if those views and preferences can be reasonably determined;

(c) the length of time, having regard to the child’s sense of time, that the child has lived in a stable home environment;

(d) the ability and willingness of each person applying for custody of the child to provide the child with guidance, education, the necessaties of life and any special needs of the child;

(e) any plans proposed for the care and upbringing of the child;

(f) the permanence and stability of the family unit with which it is proposed that the child will live; and

(g) the effect that awarding custody or care of the child to one party would have on the ability of the other party to have reasonable access to the child.

(2) The past conduct of a person is not relevant to a determination of an application under this Part in respect of custody of or access to a child unless the conduct is relevant to the ability of the person to have the care or custody of a child.

(3) There is no presumption of law or fact that the best interests of a child are, solely because of the age or the sex of the child, best served by placing the child in the care or custody of a female person rather than a male person or of a male person rather than a female person.

NEW BRUNSWICK Family Services Act. c. F 2.2

s.1  “best interests of the child” means the best interests of the child under the circumstances taking into consideration

 (a) the mental, emotional and physical health of the child and his need for appropriate care or treatment, or both;

(b) the views and preferences of the child, where such views and preferences can be reasonably ascertained;

(c) the effect upon the child of any disruption of the child’s sense of continuity;

(d) the love, affection and ties that exist between the child and each person to whom the child’s custody is entrusted, each person to whom access to the child is granted and, where appropriate, each sibling of the child and, where appropriate, each grandparent of the child;

(e) the merits of any plan proposed by the Minister under which he would be caring for the child, in comparison with the merits of the child returning to or remaining with his parents;

(f) the need to provide a secure environment that would permit the child to become a useful and productive member of society through the achievement of his full potential according to his individual capacity; and

(g) the child’s cultural and religious heritage

http://www.gnb.ca/acts/acts/f-02-2.htm

QUEBEC  Civil Code of Québec

Article 611. In no case may the father or mother, without a grave reason, interfere with personal relations between the child and his grandparents.

Failing agreement between the parties, the terms and conditions of these relations are decided by the court.

MANITOBA  Child and Family Services Act  C.C.S.M c. 80

Access — purpose of section

78(1) The purpose of this section is

(a) to facilitate relationships between children and their grandparents and other family members, when those relationships are in the child's best interests;

(b) to recognize, on applications by grandparents for access, that children can benefit from a positive, nurturing relationship with their grandparents; and

(c) to recognize that in exceptional circumstances children can benefit if non-family members are given access.

Access application by grandparent or other family member

78(1.1) Subject to subsection (6), a grandparent, step-parent or other member of a child's family who does not have a right to apply for access to the child under any other provision of this Act or under a provision of another Act may apply to court for access to the child.

Access order

78(4) On an application under this section, a judge may make an order granting an applicant access to a child in such manner, at such times and subject to such conditions as the judge considers to be in the best interests of the child, as determined in accordance with subsection (4.2).

Access provisions

78(4.1) An order for access may include, but is not limited to, provisions requiring that

(a) the child spend specified periods of time, with or without supervision, with the applicant;

(b) the child have the opportunity to have the applicant attend specified activities of the child;

(c) the child be able to receive gifts from, or send gifts to, the applicant, directly or indirectly;

(d) the child be able to receive communications from, or send communications to, the applicant, directly or indirectly, whether orally, in writing, or by another means of communication; or

(e) a specified person provide the applicant with pictures of the child and information about the child's health, education and welfare.

Child's best interests

78(4.2) In making an order for access under this section, in addition to considering the best interests criteria set out in subsection 2(1), the court shall consider all relevant matters, including

(a) the mental, emotional and physical needs of the child;

(b) the nature of any pre-existing relationship between the applicant and the child; and

(c) where the application is made by a grandparent, that a child can benefit from a positive, nurturing relationship with a grandparent.