Judge denies grandfather access to grandson
A Cape Breton grandfather has been denied supervised access with his fouryear-old grandson after a judge ruled it would not be in the best interest of the child.
In her decision, Supreme Court (Family Division) Justice Lee Anne MacLeod-Archer expressed concerns over the grandfather’s repeated attempts to downplay his criminal record and his assertion he has his alcohol problem under control.
“The grandfather acknowledges that he has a problem with alcohol and a history of drug use. He says those issues are behind him now but he has said that before,” said the judge.
Further, the court noted the grandfather was charged in February 2017 with breaching his probation after his probation officer observed him purchase a drink in a local bar while the grandfather was on conditions not to purchase, consume or attend places where alcohol is sold.
The names of the parties involved in the case were not released as part of the decision in order in to protect the identity of the grandson, whose father is the son of the grandfather. The father has since died.
The grandfather sought to continue an interim order that allowed supervised access with his grandson. He had some 11 visits but some were cut short because the child cried inconsolably for his mother.
According to the judge’s decision, the grandfather had to be told on one occasion to respect the young child’s boundaries because the child was resisting too much physical contact.
MacLeod-Archer concluded there was no relationship with the child to preserve at this point.
The child’s mother and the grandfather’s former partner both opposed the application. As noted in the decision, the onus of proof rested with the grandfather to demonstrate that access was in the best interest of the child.
The grandfather has a criminal record spanning 40 years for a variety of crimes including drugs and violence offences, some of which resulted in federal sentences.
Among the mother’s fears was that someone from the father’s past bent on revenge might retaliate against the grandfather while the grandson was present.
The court also referred to notes from the grandfather’s probation officer describing the man as “manipulative, impulsive and lacking in problem-solving skills.”
As well, the grandfather was described as minimizing and justifying his issues and a need “to be well-liked, have money and impress people.”
“He was also evasive when questioned about his history of trafficking and domestic violence, even though he went to jail for assault and his probation records confirm that he has a history of selling drugs,” said MacLeod-Archer.