Grandparent-Grandchild Access: A Legal Analysis

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TABLE OF CONTENTS

• EXECUTIVE SUMMARY
• INTRODUCTION
• TROXEL v. GRANVILLE
• CHAPMAN v. CHAPMAN
• RELEVANT CANADIAN LEGISLATION
• "ANY OTHER PERSON":  THE THRESHOLD NON-PARENTS MUST MEET
• THE SOCIAL SCIENCE LITERATURE AND CULTURAL AND JUDICIAL MYTHOLOGY
• CASE LAW
  • Intact Families in Which Access Was Denied
  • Intact Families in Which Access Was Granted
  • Single-Parent Families in Which Access Was Granted
  • Single-Parent Families in Which Access Was Denied
• GRANDPARENTS STANDING IN LOCO PARENTIS
• THE BEST INTERESTS OF THE CHILD TEST
• GRANDPARENT ACCESS AS A POSSIBLE BENEFIT TO GRANDCHILDREN
• BURDEN OF PROOF
• CHILDREN’S WISHES
• COSTS
• ENFORCEMENT OF GRANDPARENT ACCESS
• THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
• THE BEST INTERESTS AND HARM TESTS
• THE EVOLVING DEFINITION OF THE FAMILY
• CONCLUSION
• BIBLIOGRAPHY
• ENDNOTES