| Lots of different articles are devoted to the problems | | | | the welfare of the children and they carry this legal |
| of custody and access. Parents are struggling against | | | | duty alone. It was also mentioned that the decision |
| each other in courts so hard that it is sometimes hard | | | | was made in the best interests of the children that |
| to define who is right and what decision should be | | | | were represented by their parents in the court. So the |
| made by the court. In this custody war that is usually | | | | parents in the end came out as the right ones. |
| accompanied by a nervous divorce almost no one | | | | Dobre v. Dobre |
| cares about the rights of grandparents. In this article | | | | The second case had a completely different ending. In |
| we will bring more light to this problem. In Canada there | | | | 2004 the grandparents from the fathers’ side |
| were two main cases of grandparents and | | | | applied to the court for access to their grandchildren, |
| grandchildren: Chapman v. Chapman in 2001 and Dobre | | | | five-year-old Alexandra and three-year-old Antonio. |
| v. Dobre in 2004. Both of them were not accompanied | | | | The case came into court but unfortunately father |
| by divorce, but had some other related issues. | | | | was not present at the case because he was |
| Chapman v. Chapman | | | | attending a treatment program for his drug addiction. |
| In 1998 Ester Chapman the grandmother of | | | | The application was opposed only by the mother of |
| ten-year-old Eric Chapman and his eight-year-old sister | | | | the children. In this case the court decided that it will be |
| Leanna applied to the court for monthly visits and | | | | in the interest of the children to have meetings with |
| weekly telephone contact with her two grandchildren. | | | | their grandparents and granted the grandparents |
| The grandmother had visits with the children three to | | | | supervised access for three hours per week at an |
| six times annually and the visits were almost always in | | | | access centre. |
| the presence of their parents, because they were | | | | These two different cases show that in similar |
| concerned over the grandmother's diminished capacity | | | | situation the main influence are the outer factors, the |
| to care for the children on her own. The issue in this | | | | court is still comparing both sides and normal |
| case was whether access by a grandparent to | | | | grandparents look much better that a couple where |
| grandchildren who live with their parents should be | | | | one of the spouses is a drug addict. So as you see no |
| imposed over the wishes of those parents and | | | | serious history in this type of custody is written and |
| children. The case lasted three years and on March 2, | | | | any new case can bring a new decision and maybe |
| 2001 the Ontario Court of Appeal decided that that it is | | | | some changes in custody laws. That is a good thing, |
| the children’s parents that have total and final | | | | the bad thing is that unfortunately in the modern world |
| authority to determine if and when the children visit | | | | it even comes to courts when parents and |
| with their grandmother. In the decision of the court it | | | | grandparents can not agree. |
| was mentioned that the parents are responsible for | | | | |