Community Legal Information Association of Prince Edward Island, Inc. Young Single Parents Information

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1 Community Legal Information Association of Prince Edward Island, Inc. Young Single Parents Information This document holds information that a young single parent may find helpful. If you have questions that are not answered in this document, please call us at or Here are the topics covered: Birth Certificates Naming Your Child Proof of Parentage Parents Rights and Responsibilities Naming a Guardian Adoption Grandparents Role You may also want to read Custody and Access and Child Support: What You Need to Know. Both of these booklets are available at or by calling us. Birth Certificates In PEI, the Vital Statistics Act contains the laws about birth registration and birth certificates. This pamphlet will explain some of the law in this area. Within 30 days of the birth of a child in PEI, the birth must be registered with the Department of Vital Statistics. This is usually done in the hospital after the baby is born. This birth registration form is called the Statement of Birth. It is what establishes the legal identity of the child. The Birth Certificate is issued only if it is requested from Vital Statistics. It is a small card containing some of the information from the Statement of Birth. After the birth is registered, a follow-up letter is sent out to the parent(s). This letter is called a Confirmation of Birth. If it is received and returned within 30 days of the birth, the parent can make changes to the information on this form. The letter also provides the opportunity to request a birth certificate. 1

2 The father s name does not have to be included on the birth registration. In fact, his permission and his signature are required to include it. If the father s name is not included, the mother must sign a form called a statutory declaration saying that she is not acknowledging the father at this time. The father s name can be added later if both parties agree to this and request it in writing. There is a small fee if this is done more than days after the birth. If a man signs the birth statement stating he is the father of a child, this will cause a presumption of paternity. See the pamphlet in this kit called Proof of Parentage for more information about presumption of paternity. As a legal term, presumption is a conclusion drawn because there is no evidence against the conclusion. If someone is named as the father of a child in any court application, the responsibility lies with that person to prove he is not the father, whether or not his name is on the birth registration. (See Proof of Parentage for more information) It is important to know that parents rights to custody, access, and visitation are not affected by what is on the birth registration. Child support obligations are also not affected by what is written on the birth registration. This pamphlet contains general information about the law. It is not a complete statement of the law in this area and is not a substitute for legal advice. To receive legal advice, you need to speak to a lawyer. Community Legal Information Association of PEI Inc. (CLIA) is a charitable organization funded by the Department of Justice Canada, Department of Environment, Labour and Justice, the Law Foundation of PEI, and other funding sources. CLIA provides Islanders with understandable and useful information about the law and the justice system in PEI. For more information, you can telephone CLIA at or , visit our website at or us at clia@cliapei.ca. You can also find us at: and Charitable Registration number: RR 0001 Non-commercial reproduction is encouraged ISBN Reviewed January 2005 Naming Your Child The choice of first, or given, names for a child is usually made by one or both of the parents when the child is born. The last name, or surname, is determined according to a provincial law called the Vital Statistics Act. A change of name at a later date may be covered by the Vital Statistics Act or the PEI Change of Name Act, depending on the situation. A description of the law about surnames is provided here. 2

3 If both parents names are on the birth registration (Statement of Birth), the Vital Statistics Act says that the child can be given any one of the following surnames, or the mother s last name the father s last name a combination of the last names of the mother and father, in either order a completely different last name from either parent If the parents can t agree on a last name for the child, the law says it must be the parents last name (if they have the same last name), or a combination of both parents last names in alphabetical order. It is important to know that a combination last name can be made up of two names only. If only the mother s name is on the Statement of Birth, the child is given the last name chosen by If the father is not included on the Statement of Birth, the parents have the option to include the father s information at a later date. If it is done within 30 days of the birth, there is no fee. Then the child s last name can be changed to any of the choices listed above. If the father s name is already on the Statement of Birth at the time of marriage, the child s name can only be changed through the Change of Name Act. If the father is named on the Statement of Birth, his permission will be required to change the child s name. Any change of the child s name requires that both parents be notified and give their consent, whether they were married or not. A court can decide that this consent is not required, but you must apply to the court for an order stating this. Changing a child s last name The PEI Change of Name Act says that, if both parents agree to a change of name for their child, they can fill out an application at the Department of Vital Statistics for this to be done. There is a fee. If the parents do not agree, the Supreme Court of Prince Edward Island must give its approval before the name of anyone under 18 can be changed. One parent must apply to court for an order dispensing with the consent. This means the child s name can be changed without the other parent s permission. This will only be granted in some circumstances - for example, if one parent has not been involved in the child s life. If the court gives permission to dispense with consent, an application for a change of name can be made at the Vital Statistics office. There is a fee. The Statement of Birth will be changed at that time. Any child 12 years of age or older must sign a form at Vital Statistics agreeing to the name change. 3

4 Name Changes Due to Adoption When a child is adopted, the adopting parents have two options: A whole new birth registration can be done. The Statement of Birth is changed to new names chosen by the adopting parents and the adopting parents are recorded as the parents of the child. The old birth records are then sealed. The original Statement of Birth can be maintained. This requires the permission of the birth parents. The adopting parents are the legal parents of the child and the adopting parents names are also noted on the original registration. When an adopted child reaches the age of 18 years, the Adoption Act says that he or she has the right to obtain information about their birth family. Information that will identify the birth parents will not be given out without the permission of the birth parents. This pamphlet contains general information about the law. It is not a complete statement of the law in this area and is not a substitute for legal advice. To receive legal advice, you need to speak to a lawyer. Community Legal Information Association of PEI Inc. (CLIA) is a charitable organization funded by the Department of Justice Canada, Department of Environment, Labour and Justice, the Law Foundation of PEI, and other funding sources. CLIA provides Islanders with understandable and useful information about the law and the justice system in PEI. For more information, you can telephone CLIA at or , visit our website at or us at clia@cliapei.ca. You can also find us at: and Charitable Registration number: RR 0001 Non-commercial reproduction is encouraged ISBN Revised January 2005 Proof of Parentage The law says both fathers and mothers have legal rights and obligations to their child, so it is often important to know the identity of both parents. It is usually easy to establish maternity, or the identity of the mother of a child. Deciding paternity, or the identity of the father of a child, is sometimes more difficult. A man may make a joint application with a child s mother, to be filed with the Director of Vital Statistics, stating that he is the father of a child. 4

5 It is possible for any person who has an interest in parenting a child to apply for a court order that legally recognizes him or her as being a parent of the child. The other parent s consent or approval is not required to make this application. Sometimes a man may be uncertain or may deny that he is the parent of a child. In some cases the law will presume that an individual is the child's father, unless he can prove that he is not. (As a legal term, presume means to draw a conclusion because there is no evidence against the conclusion.) The PEI Child Status Act lists a number of circumstances in which a man will be presumed to be the father of a child. These include: if he was married to or living with the child's mother when she became pregnant (within 300 days of the birth) if he was married to or living with the child's mother when the child was born if he marries the mother of the child after the birth and states that he is the natural father if he signs the birth registration form (Statement of Birth) as the child s father A man may provide proof in court that this presumption is not correct, but unless he does so, the judge may make an order naming him as the father. If a presumption of paternity can be made for more than one male under the circumstances listed in the Act, then no order can be issued. This means that if it can be shown that more than one man could be the father, the order naming one man as the father can t be made. However, this may not end the matter. If none of the circumstances exist that will allow the presumption that a man is the father, and the man denies being the father, a judge can decide the issue. An application can be made to the court for a Declaration of Paternity. The judge will hear evidence in court to decide who is the father of the child. In addition to hearing evidence, the judge may give leave to obtain testing to prove or disprove paternity. A person cannot be tested without his or her consent. However, if a man refuses to take a test or tests when leave to obtain testing has been given, the judge has the right to conclude that that person is the father. If the mother refuses to allow the child to be tested, the judge has the right to conclude that the man is not the father of the child. The judge can make an order stating either of these to be the case. If the mother of a child is denying that a man is the father, the responsibility lies with the man to prove that he is the child s father. The same court process and getting leave to obtain testing can be used to prove that a man is the father of a child. See a lawyer for advice if you are in this situation. Tissue tests, regular blood tests and DNA tests are available to prove or disprove paternity. Regular blood tests cannot prove that someone is a parent of a child, but they can show if a person is not the parent. Tissue tests and DNA tests are done on a body tissue or blood sample. Both permit a very accurate assessment of parentage (father and mother), although DNA testing is the most accurate assessment available. Either party may make a request for blood or DNA testing. DNA testing is expensive cost depends on which test is used and how many people need to be tested. If the tests are 5

6 requested by the court, the court will also specify who will pay for them. If leave to obtain testing has not been given, the parties will have to decide between themselves about how to pay for testing. To arrange for DNA testing, you must call a lab where testing is carried out. For more information on DNA testing, call Community Legal Information Association at or If evidence later becomes available that proves an order about paternity was incorrect, the order can be changed. This is done by applying to the court for a variation or a discharge of the order. If you are in this situation, you should speak to a lawyer for advice. This pamphlet contains general information about the law. It is not a complete statement of the law in this area and is not a substitute for legal advice. To receive legal advice, you need to speak to a lawyer. Community Legal Information Association of PEI Inc. (CLIA) is a charitable organization funded by the Department of Justice Canada, Department of Environment, Labour and Justice, the Law Foundation of PEI, and other funding sources. CLIA provides Islanders with understandable and useful information about the law and the justice system in PEI. For more information, you can telephone CLIA at or , visit our website at or us at clia@cliapei.ca. You can also find us at: and Charitable Registration number: RR 0001 Non-commercial reproduction is encouraged 2005 ISBN Parents: Rights & Responsibilities What is a parent? Parent means mother or father. Paternity refers to the father of a child, and maternity refers to the mother of the child. The term parent also may include the child's legal guardian, a step-parent, or someone who stands in the place of a parent to the child. A person could be considered a parent if that person has demonstrated a settled intention to treat the child as his or her own. This might be the case if, for example, the child s parent has a new common-law partner and that person acts as a parent to the child. When a child is legally adopted, the adoptive parents become the child s legal parents, with the same rights and obligations as birth parents. 6

7 What are the rights and responsibilities of parents? Both parents have responsibilities and rights. There are federal and provincial laws to protect and care for children. Some of these are: The Criminal Code of Canada says parents have a duty to give their children the "necessaries of life" until age 16. These include food, clothing, shelter, medical care and education. Failure to supply these is punishable by up to 2 years in prison. The Criminal Code says it is illegal to abandon a child or expose a child under 10 to danger. The PEI Family Law Act says that parents have an obligation to provide support to unmarried dependent children under the age of 18 - if the parent has the ability to pay. In PEI, decisions made under the Child Protection Act must be in the best interests of the children. The Act sets out circumstances where a child may be found to be in need of protection for example, if the child is not receiving proper care, education, supervision, guidance, or control or if the child is living in a home with domestic violence. Where there are grounds to consider a child to be in need of protection, the child can be removed from the care of the parents - by agreement, by apprehension, or by court order. In most cases, a plan is developed and acted upon to help the parents create a better situation for their child. Removing a child from the parents and putting him or her in care is called apprehension. Many people call this making the child a ward of the court, though that term is no longer officially used. While a child is in care, parents no longer have legal custody. This can be temporary or permanent, though a permanent arrangement is usually a last resort. If the parent s behavior presents a danger or is harmful to the child and all attempts to improve the situation have not worked, a permanent arrangement will be considered. A parent may be able to use a Legal Aid lawyer in this situation, if he or she wishes to challenge the application for either temporary or permanent custody. It is important to remember that your child will not be taken into care because you find it hard to make ends meet or you are finding parenting difficult. In fact, a child is not taken into care unless in a dangerous or harmful situation and, even then, care is often a temporary arrangement with the child returning home when the situation is made safe again. Anyone who suspects a child is being abused or neglected, must report it to the Director of Child Protection or to the police. The report will be investigated. If you know a child is being abused or neglected, and you don t report it, you could be fined. You can report suspected child abuse or neglect by phoning or This pamphlet contains general information about the law. It is not a complete statement about the law in this area and is not a substitute for legal advice. To receive legal advice, you need to speak to a lawyer. Community Legal Information Association of PEI Inc. 7

8 (CLIA) is a charitable organization funded by the Department of Justice Canada, Department of Environment, Labour and Justice, the Law Foundation of PEI, and other funding sources. CLIA provides Islanders with understandable and useful information about the law and the justice system in PEI. For more information, you can telephone CLIA at or , visit our website at or us at clia@cliapei.ca. You can also find us at: and Charitable Registration number: RR 0001 Non-commercial reproduction is encouraged ISBN Revised April 2005 Naming A Guardian for Your Child There are two ways to name a guardian for your child: through a will, if you are 18 or over (if you are under 18 and in the Armed Forces or married, you can also use a will to name a guardian) through a different legal document if you are under 18 A will is a document that takes effect when you die. It tells how you want your property distributed at that time. A parent can choose to name a guardian for his or her child in a will. If both of the child s parents are known and one parent dies, the other parent automatically gets custody of the child. This may be challenged by anyone with an interest in parenting the child. If both parents agree in writing that a guardian will be chosen by one parent, and this has been done before the death of that parent, custody goes to the guardian rather than the surviving parent. If the deceased parent appointed a guardian without the other parent s written agreement, and the surviving parent wants custody, a court will have to decide who has custody. If a guardian has been named, the court will know the wishes of the deceased parent. The judge will make a decision in the best interests of the child and will take the parent s wishes into consideration. If only one parent of the child is known and that parent dies without naming a guardian, anyone may apply to the court for custody of the child. Even if the child has a stepparent, custody does not automatically go to the step-parent. He or she must apply to the court for custody of the child. A judge will decide who gets custody. This is usually done with the help of a professional assessment. The judge s decision must be in the best interests of the child. 8

9 If you are naming a guardian for your child in your will, you should do this through a lawyer. Your will is less likely to be contested if it is carefully and properly written for your particular situation. If you are unmarried and under 18, you can name a guardian in a signed, written legal document. It is best to do this through a lawyer, to make sure your document is properly done. This will make your wishes known to the judge who is deciding about custody arrangements for your child. Naming a guardian in a will, or a different legal document, indicates whom you would choose as a substitute parent for your child. An appointment made in a will or another document does not become effective until a judge confirms it. It is essential to make sure that the person is willing to be a guardian before you name them. If the person decides not to take on the responsibility, the judge will not order them to do so. For legal advice, you can call the Lawyer Referral Service at or You can have a brief consultation with a lawyer for a modest fee. This pamphlet contains general information about the law. It is not a complete statement of the law in this area and is not a substitute for legal advice. To receive legal advice, you need to speak to a lawyer. Community Legal Information Association of PEI Inc. (CLIA) is a charitable organization funded by the Department of Justice Canada, Department of Environment, Labour and Justice, the Law Foundation of PEI, and other funding sources. CLIA provides Islanders with understandable and useful information about the law and the justice system in PEI. For more information, you can telephone CLIA at or , visit our website at or us at clia@cliapei.ca. You can also find us at: and Charitable Registration number: RR 0001 Non-commercial reproduction is encouraged ISBN Reviewed January

10 Adoption In this pamphlet, we will explain some of the information about adoption and what you will experience if you choose or consider adoption for your child. The first time you hear adoption mentioned might be at school, through Public Health nurses, through your doctor, or through other groups like Birthright. Adoption is a legal process that establishes new parent-child relationships - the adopted child becomes the legal child of the adoptive parents and is no longer the legal child of his or her birth parents. It is against the law for anyone to pressure you about, force you into, or pay you for, adopting your child. It is important to remember that while you are still in hospital after the birth of your baby, you are the legal parent(s) of your child and you have the same rights as any other parents. The hospital staff cannot keep your baby from you, nor can they allow the possible adoptive parents to see your baby without your permission. The best way to get information about adoption is to call Adoption Services ( ). They can give you information about your choices and next steps. You will not be pressured to choose adoption. In all adoptions, the first consideration is the best interests of the child. If an individual or a couple has applied to adopt, they are carefully assessed to make sure they are capable and will make good parents for the child. Some birth parents play a part in selecting the family for the child. The baby is placed in an adoptive family for a period of time and an adoption social worker is involved during this time to make sure the child is well cared for and the new family relationships are positive. This trial period is called a placement. After the placement, there is a court hearing to finalize the adoption and grant the Adoption Order. This usually takes place about six months after the baby moves in with the adoptive parents. After the Adoption Order is granted by the Court, there are no further checks on the new family. They are then treated as any other family in PEI. Adoptions may take many forms: adoption by relatives of either birthparent adoption of a child who has been made a permanent ward after a child protection hearing adoption by a step-parent adoption by non-relative You can arrange for your child to be adopted several ways: through an agreement with the Director of Child Protection under the Adoption Act through a licensed private adoption agent through a permit issued directly to birth parents by the Director of Child Protection (for relative adoptions only) 10

11 The method you use depends on the type of adoption that is taking place. Each is slightly different. The law says that you, as birth parents, must receive counselling before signing any forms allowing the adoption. The law also states that your decision must be made with: clear information full awareness of the implications (you must know what adoption means) careful consideration the benefit of knowledgeable guidance The person who acts as your counsellor is a social worker trained in adoption. He or she must: be certain that you are not being forced or pressured to choose adoption be sure that you have looked at all the options and understand what adoption means provide you with psychological support witness the signing of the Consent to Placement or the Voluntary Temporary Care Agreement. If you have made a plan of adoption through Health and Social Services, you sign a Voluntary Temporary Care Agreement in hospital after your baby is born. Fourteen days after the birth, you sign an Agreement for Permanent Custody and Guardianship for Purposes of Adoption. You can change your mind within 14 days after signing this Agreement. If you have made a plan of adoption through a licensed adoption agent or through a permit issued by the Director of Child Protection, you must sign the Consent to Placement after the baby is born before the adoptive parents can receive the baby. With this form you give permission to place your baby in the home of potential adoptive parents. The Consent to Adoption forms give permission to adopt your baby and are signed 14 days after the birth of your baby. You can change your mind within 14 days of signing the Consent to Adoption. Birth parents are encouraged to get legal advice before signing any of the forms. If you are unsure about your decision or don t feel ready to sign papers, a waiting period can be requested. You can ask to have your baby placed in a temporary foster home while you give more thought to the issue and make a decision. You can also make private arrangements for your baby s care while you make up your mind. It is important to realize that these arrangements can become complicated if a clear plan is not made in a reasonable period of time. This issue needs to be discussed carefully with your social worker. Efforts are made to ensure that both birth parents agree with the plan of adoption for their child. Sometimes it is possible to get the court to say that permission of both birth parents is not required, and this is granted in some circumstances. It is important to recognize that both birth parents have rights and may choose to exercise them, so counseling is provided and permission sought from both birth parents for the plan of adoption to proceed. 11

12 The law in PEI allows adoptions to be open or closed. In a closed adoption, there is no ongoing exchange of information or contact between the birth parents and the adoptive parents. In an open adoption, some degree of ongoing contact and exchange of information is agreed to by the birth parents and the adoptive parents. This can be a formal or informal agreement. If you wish to consider an agreement for open adoption, you need to discuss this with your social worker or licensed adoption agent. It is more complicated and everyone needs to be comfortable with the terms of the agreement. Some adoptive parents are willing to agree to this, and some are not. Adoption by Relatives Birth parents may wish to make a plan of adoption with a relative. These are usually open adoptions because the family members know each other and often have ongoing contact it is very important to work out the details of this ahead of time so later conflict is less likely. Mediators can sit down with you and the adoptive parents to work out solutions to conflicts if they arise. Call CLIA, Adoption Services, or check the yellow pages for lists of mediators. Relative adoptions are done through a permit issued by the Director of Child Protection. Any private lawyer can do the legal work. Counselling for the birthparent(s) is required. An assessment of the proposed adoptive home must be completed to be sure there is no risk to your child. Background information on your child and both birth parents, if available, is prepared and given to the adoptive parents and Health and Social Services. Your child is then placed in the home of the relatives with a plan to proceed with the adoption if all goes well. Call Adoption Services at , if you want to apply for a permit, if you want to get a list of licensed agencies and adoption agents, or if you want more information. Adoption of a child who is a permanent ward of the Director of Child Protection It is the duty of Child and Family Services to make sure that children are cared for and protected. A child who is not properly cared for is considered to be a child in need of protection. If you are in this situation, Child and Family Services will try to develop a plan to help you provide a good home for your child. If these efforts fail, a judge may decide that you are unable, at this point in time, to meet the needs of your child. Permanent custody of the child may be given to the Director of Child Protection. This is called making the child a permanent ward. An investigation and a child protection hearing take place before this happens. If your child becomes a permanent ward, a plan will be developed that must be in the child s best interests. Adoption is one of the possibilities that is looked at. These adoptions are arranged through Health and Social Services. Couples, or families who want to adopt, apply to the adoption program. They are thoroughly assessed and prepared for adoption before the placement. 12

13 These are the only adoptions that are not voluntary and do not require the permission of either birthparent. Counselling and independent legal advice are not required for either birthparent, though you may choose to get both if you wish. Though not required, it is a good idea to speak with a lawyer if you find yourself in this situation. You may be able to use Legal Aid ( in Charlottetown or in Summerside). You can use the Lawyer Referral Service to meet with a lawyer for a brief consultation at a modest fee ( or ). Voluntary Adoption by non-relatives These adoptions may be arranged by Health and Social Services or by a licensed adoption agent. Your first contact for information can be made by calling Adoption Services. Adoption Services can give you the names of adoption agents in PEI or the contact person in your Health Region. Counselling is required in these adoptions. It is best if both birth parents receive counseling and agree with the plan of adoption your child. Potential adoptive homes are assessed to make sure your child will be safe and that the home is suitable. Before your child is placed in a home, you can receive information about the home. You must also give background medical information which is shared with the adoptive family to help in raising the child and to help in answering your child s questions about his or her birth family. At any point in this process, either you or the adoptive parent may decide not to go ahead with the adoption. Your counsellor or lawyer will be present to help you at meetings during which forms are signed and procedures are carried out. The counsellor or lawyer will explain what is being agreed to, will help you sort out your feelings and make decisions, and will make certain that you are not being pressured into something you aren t sure about. During this process, the terms of an open adoption can be negotiated and written down in a legal document. The Consent to Adoption or the Voluntary Agreement of Permanent Custody and Guardianship for Purposes of Adoption is signed 14 days (or longer) after the birth of your baby. Legal advice is recommended at this stage. Once the Consent to Adoption is signed, you have 14 days to change your mind about the adoption. The Adoption Order, which makes the adoption final, is not granted until at least 6 months after the placement. Step-parent Adoptions If your child remains with you and you later marry a person who is not your child s biological parent, your spouse becomes eligible to adopt your child. The permission of the other birthparent may be required for this. If the other birthparent is not known or has never been involved in your child s life, the judge may say that consent is not necessary. 13

14 You and your spouse would need to have a lawyer begin the process. A Social Worker must visit your home to prepare a Pre-Hearing Study for Court. A court hearing is held. Your child s wishes may be taken into consideration, depending on his or her age. Post-Adoption Services In all types of adoption, you or your child, or other birth relatives can contact Post Adoption Services ( ) when the adoptee reaches the age of 18. Information will not be given that will allow you to identify each other unless the involved parties agree to this. If both of you want to meet, this can be arranged through Post Adoption Services. For more information about adoption, call Adoption Services at Even if you decide against adoption, it is important to be informed about the different choices available to you. It may help you become clearer about what you want for yourself and your child. Informed decisions have the best chance of being good decisions. This pamphlet contains general information about the law. It is not a complete statement of the law in this area and is not a substitute for legal advice. To receive legal advice, you need to speak to a lawyer. Community Legal Information Association of PEI Inc. (CLIA) is a charitable organization funded by the Department of Justice Canada, Department of Environment, Labour and Environment, the Law Foundation of PEI, and other funding sources. CLIA provides Islanders with understandable and useful information about the law and the justice system in PEI. For more information, you can telephone CLIA at or , visit our website at or us at clia@cliapei.ca. You can also find us at: and Charitable Registration number: RR 0001 Non-commercial reproduction is encouraged 2005 ISBN Grandparents Role The arrival of a new baby can sometimes be stressful for parents and for grandparents. Feelings may be mixed and conflict may develop. Two young parents and two sets of grandparents under stress can provide opportunities for disagreements and 14

15 misunderstandings. It is very important to remember that all of these many people may be involved in the child s life for many years. If at all possible, it is in everyone s best interest to work on the issues in a way that doesn t make the situation worse and keeps everyone s attention focused on what is best for the children. Grandparents rights are not specifically written into law in Canada except in Quebec. The laws of Prince Edward Island give any person the right to apply to Court for custody or for access and visiting rights - this includes grandparents. You can make an application at any time in the child s life. When family circumstances change, arrangements concerning custody, access and visitation may be changed as well. You must have a good reason and you will need the services of a lawyer to apply for this. The application will go through a court process and a judge will decide what is in the best interests of the child. If your child becomes a parent while still living at home, is under 18 years of age and is dependent, you have a legal obligation to provide for him or her. But because your child is now a parent, he or she has the right to make decisions about your grandchild that you may or may not agree with. You may have little contact with your grandchild because he or she does not live with your child. Although your child has an equal right to custody and access, you do not have that right unless you go to court to try to get those rights. You could try to negotiate an agreement for time with your grandchild, perhaps with the help of a mediator. Mediation is a process that can be used to develop your own solutions to problems. It requires cooperation and compromise, but if it works, you have used a method of problem solving that can be used again and again. If your agreement breaks down later, you can go back to mediation to make changes so it will work better. If you can use mediation rather than the court process, there are benefits for you, your child and your grandchild - you will be surrounded by less conflict, you may save some important relationships, and you may acquire some useful skills that can be tried in other areas of your life. Family Court Counsellors will mediate custody, access and visitation issues free of charge and can be reached at There are also private mediators who charge a fee. For a list of mediators, call CLIA at or If mediation is not successful and you decide to use the court system, you will need the services of a lawyer experienced in family law. If you don t know a lawyer, you can call the Lawyer Referral Service at or You can speak to a lawyer for a brief consultation at a modest fee. This pamphlet contains general information about the law. It is not a complete statement of the law in this area and is not a substitute for legal advice. To receive legal advice, you need to speak to a lawyer. 15

16 Community Legal Information Association of PEI Inc. (CLIA) is a charitable organization funded by the Department of Justice Canada, Office of the Attorney General, the Law Foundation of PEI, and other funding sources. CLIA provides Islanders with understandable and useful information about the law and the justice system in PEI. For more information, you can telephone CLIA at or , visit our website at or us at clia@cliapei.ca. You can also find us at: and Charitable Registration number: RR 0001 Non-commercial reproduction is encouraged ISBN Revised January

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