NS Court Denies Grandma Party Status in Child Protection Case

NS Court Denies Grandma Party Status in Child Protection Case

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The Supreme Court of Nova Scotia recently denied ‘party’ status to a maternal grandmother in a child protection case. The court denied her appeal to be officially included in the welfare matters of her grandchildren. Granting her the party access would have meant disclosing all the documents and evidence related to the official court case, which caused privacy concerns for the paternal grandparents.

What is party status in a child protection case?

In child protection cases, “party status” means that a person or entity will be recognized as a valid participant in a legal process.

This status gives the designated person certain legal rights and benefits.

For example, they could see court papers, be informed about the case, participate in meetings, present evidence, and argue their case.

Background of the case

This child protection case involved four children, their maternal grandmother, and the Minister of Community Services. This case was already at its final stage when the appeal was made by the grandmother to gain party access.

Additionally, she also filed an application under the Parental and Support Act to gain custody of all four children involved. This endeavour was backed by her daughter, also the mother of the children. Her final goal was to gain primary care of the children or help her mother gain custody instead.

Before we delve further, it is important to note that the court intended the maternal grandparent to care for at least one of the children, while the paternal grandparents provide support for the other three.

Paternal Grandparents’ Objection to the Appeal

The issue arose when the parental grandparents objected to maternal grandmother gaining access as a participant to the case. They did not want her to see all the official evidence related to the case, as it contained sensitive and personal information. They feared exposing it to another party, thinking it might lead to unlawful usage of it.

As an alternate, the paternal grandparents suggested that she (maternal grandmother) could still relay her evidence if her daughter calls her as a witness to strengthen her legal standing in the case. Such an arrangement will eliminate the need for full disclosure to the grandmother.

However, the mother still displayed her full support for the maternal grandmother’s application to be added as a party. Here the maternal grandmother argued that she needs full disclosure to fully understand what is expected of her as a primary caregiver.

The Three-Part MS Test to Determine ‘Party Status’

The court used a legal test, called the “MS test,” to decide if the maternal grandmother should get party status. This test comes from a previous case, MS v. Nova Scotia (Minister of Community Services), and is based on the Children and Family Services Act and Civil Procedure Rules. To qualify, an applicant must meet three conditions.

Direct Interest in the proceeding’s subject matter,

familial or significant Relationship with the children,

and a reasonable possibility that granting the applicant standing will enhance the Children’s Welfare.

The maternal grandmother satisfied the first two criteria but failed to do the same for the third one. The court didn’t see any strong evidence that adding her as a party would make things better for the children. This ruling proves that children’s welfare will always be considered first when determining their custody matters.



What was Court’s Decision?

The court ultimately ruled against the maternal grandmother’s request for party status, pointing to a key alternative she had already pursued.

She had already filed an application under the Parental and Support Act.

Her argument was that if she were approved to care for all four children (through her separate custody application), she’d need full access to the case details to meet the Minister of Community Services’ requirements.

But the minister highlighted that she was already aware of all his expectations.

In the end the court agreed with the minister and gave the verdict of how she didn’t need the ‘party’ status to understand the situation, since she was already informed.

How can our family lawyers help you?

Since 2003, our experienced Family Lawyers Mississauga have navigated through complex family law issues such as custody battles or child protection cases. As a 9th-time Top Choice winner for family law, we offer personalized legal counsel and assistance that is specifically designed to address your situation. We recommend not facing these obstacles all on your own. Call us at 905-405-0199 now so that you can secure the best possible outcome for your family.

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