J. Saskatchewan Court of Queen's Bench Family Law Division Judicial Centre of Regina Citation: W.B. and J.B. v. A.G. Date: 1999-08-31 Docket: 1999 F.L.D. No. 188; 1999 SKQB 39 Between: W.B. and J.B. (applicants) and A.-A.G. (respondent) Allbright, J. Counsel: S.L. Fitzsimmons, for W.B. and J.B. E.F.A. Merchant, Q.C., for A.-A.G. [1] Allbright, J.: The applicants, the paternal grandparents, seek an order granting them access to their grandson, R.D.G., born December [...], 1995, pursuant to s. 6.1(1) of the Children's Law Act, 1997, S.S. 1997, c. C-8.2. [2] A.G. is opposed to this access and suggests that any access being exercised by the applicants should be exercised during the access periods granted to their son, P.J.B. [3] have considered the oral arguments of counsel, the deposed material before me, and the authorities cited to me in this matter. [4] I am of the view that it would be in the best interests of the child, R.D.G., to have some ongoing relationship with both his maternal grandparents, and his paternal grandparents. The material satisfies me that the applicants are responsible individuals who have genuine affection and concern for the child. As their son, P.J.B., does not reside in Saskatchewan but rather in Alberta, am of the view that P.J.B. may well not be able to exercise the degree of access which he seeks or indeed has been granted by this court in fiat being released concurrently with this one [see [1999] Sask.R. Uned. 204]. This fact, in my view, warrants consideration by the court in assessing what is in the best interests of the child in terms of access to that child. [5] am not satisfied that it is appropriate to link the access of the paternal grandparents with that of the child's father. They are, in my view, separate relationships with unique characteristics to each of them. While believe that access should be granted to the grandparents, am of the view that it should be less frequent than that which would be granted to the child's father. I believe that one Saturday access period every two months would be appropriate under all of the circumstances and accordingly it is hereby ordered that W.B. and J.B. shall be granted access to their grandson, R.D.G., one Saturday every second month from 10:00 a.m. to 4:00 p.m. The respondent, A.G., shall fix each access period two months in advance. [6] There is no order as to costs. Application allowed.
HELD: The grandparents were granted access one Saturday every second month from 10:00 a.m. to 4:00 p.m. It would be in the best interests of the child to have some ongoing relationship with both his maternal and paternal grandparents. The father lived in Alberta and may not be able to exercise the degree of access he was seeking. The relationships were separate with unique characteristics.