Grandparent
Continued From Page 10
that it was in the best interests
of the children to allow signifi-
cant access to the respondents
on an interim basis in spite of
the conflicting material before
him and in spite of the objec-
tions of the mother of all four
children and the father of one of
the children.”
Two additional questions
were addressed by the court.
First, the respondent father had
made an application for con-
tempt against the mother for
terminating his court-ordered
access and voluntary contact
with the grandparents. The
chambers judge found the
mother was in contempt, but
this finding was set aside by the
Court of Appeal.
“The successful appeal
of the contempt
finding may make
contempt a remedy
that will be very
difficult to receive in
cases involving
custody and access...
ceeding is quasi-criminal in char-
acter and requires proof beyond a
reasonable doubt, the party found
to be in contempt must under-
stand the rationale for the find-
ing. This also becomes important
for effective appellate review.”
The decision also touched on
access to grandchildren who
are not biological offspring,
Brick said. “The implication is
that third-party’s rights of
access to children with whom
they have no biological connec-
tion, even if they have had a
relationship with that child, are
limited, and not likely to be
extended if there is objection by
the biological parents.” n
On-site, no
cost family
mediation
has arrived
Mediate
Continued From Page 11
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hour on-site mediation, which
is available five days a week.
This service is available to anyone on the court docket that day
for motions, trials, case or
settlement conferences or any
other matter. There is no income
restriction. Cases are accepted
on a first-come, first-served
basis, except in the event of an
emergency. The roster of on-site
mediators will include both
social workers and lawyers. Linton points out that on-site
mediation will assist lawyers
who are not only dealing with
other counsel and would benefit
from a neutral, third party to
facilitate and focus dialogue,
but also in dealing with the
increasing number of self-represented litigants at 393
University Avenue.
The on-site mediation is a
“safe way to have civil dialogue”
between parties that feel that
they have lost this ability, or are
afraid to try, notes Linton. Every
effort has been made so that
this service is accessible, and
the hope is that it will result in
early and fair resolutions for a
significant number of cases. The
mediators will even have access
to a computer to prepare minutes of settlement if the mediation is successful.
Finally, the fourth component of the program is off-site
mediation, for cases that are
more complex and may take
anywhere from two to eight
hours. This service is available
to anyone in the GTA, whether
they have started a family law
case or not. This is a subsidized
service, with significantly
reduced rates based on a slid-ing-scale model. The roster of
mediators, just as with the on-site mediation services, will
only include social workers and
lawyers who are accredited
through the Ontario Association of Family Mediation.
For more information and/or
to access an intake form for off-site mediation, visit the program’s website at mediate393.
com. n
Lorna Yates is a partner and
practises exclusively in the area
of family law with Ballantyne
Yates LLP in Toronto. She is
also the Chair of the Family
Law Section of the Ontario Bar
Association for 2011-2012.
