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- Chapter 10 - Parenting Arrangements after Divorce
P. Third Parties
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 583-583 |
Page 583
In divorce proceedings between the parents of a child, leave to apply for custody under section 16(3) of the Divorce Act may be granted to non-parents whose claim is not frivolous or vexatious. The onus of proving that the claim is frivolous or vexatious falls on the party opposing the application. Maternal grandparents with whom the child had been living may be added as third parties to a divorce proceeding between the child’s parents, both of whom were opposed to the leave application.351
[351] Boychuk v Boychuk, [2001] AJ No 1578 (QB). See Chapter 12, Section E(6).
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- Chapter 10 - Parenting arrangements after divorce
- F. Preservation of Family Bonds; Joint Custody; Maximum Contact Principle
- G. Terms and Conditions
- H. Best Interests of Child
- I. Conduct
- J. Effect of Agreement
- K. Religious Upbringing of Child
- L. Variation and Rescission of Interim and Permanent Custody and Access Orders
- M. Parental Conflict Resolution
- N. Voice of the Child
- O. Parenting Plans
- P. Third Parties
- Q. Process
- R. High Conflict: Parental Alienation
- A. Introduction
- B. Definition of “Custody Order”
- C. Definitions of “Custody” and “Access”
- D. Jurisdiction
- E. Types of Orders
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