The Manitoba Legislature has had introduced a new bill to amend The Child and Family Services Act (http://web2.gov.mb.ca/bills/sess/b009e.php) to bolster the existing provisions respecting access to children by grandparents, other relatives and even un-related third parties.

While the existing legislation makes provision for the possibility of access by family members when it is in the best interest of the child, and access by non-family members in exceptional circumstances, the new bill clarifies the presumption that the relationship can be positive for the child and articulates some of the conditions that a judge may order.

The amendments to The Child and Family Services Act do not appear to change the law in a substantive way, a judge generally being seen to have the power to make access subject to appropriate terms and conditions provided they are in the best interests of the child. The amendments do spell out however that some of these might be that the order is:

1. reviewable; and 

2. may include provision for:

   a)    gifts

   b)    attendance at the child’s activities

   c)    to communicate with each other; and

   d)    to receive pictures and information about the child’s health education and welfare from another person.

The proposed bill is not yet law.

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