Podcast 95 – Should Thomas Markle get Court ordered access to Meghan and Harry's children?

In an interview with US Fox News this past week, Thomas said that he would be petitioning the Californian Courts for rights to see his grandchildren in the very near future. So do you think that Thomas should petition the Court for some access with his grandkids? And if he does, is he likely to be successful? 

According to an article in US Weekly in the opinion of celebrity divorce attorney Mark Gross, Thomas would be unlikely to win his petition for visitation with Archie and Lili under Californian Law.  Mr. Gross told US weekly that whether or not the Californian Courts will grant Thomas visitation would depend of the closeness between the grandparent and their grandchild.  Mr. Gross argues, that without this established relationship between Thomas and his grandchildren his petition could be unsuccessful.

Here in Ontario in Canada,  the best interest of the child is the overarching test when it comes to decisions affecting children. In terms of grandparent access the lower courts have developed two competing views:

1       A pro-contact approach 

2       A parental autonomy approach (this view has support from the Ontario Court of Appeal)

The parental autonomy approach can be challenged. A grandparent can still ask a  Court to make an order for access in Ontario, even though the child’s parents are saying no. However, similar to the law in California, a grandparent would have to show the court that they have a positive and pre-existing relationship with the grandchild;  and the parent’s decision to deny access to the grandparent imperils this positive relationship;  and the parent has acted arbitrarily in denying access. 

Under Ontario law Thomas’s own actions could be his downfall. Thomas's continued airing  of his grievances about Meghan and Harry and his denigration of their parenting skills before the world press,  would be unlikely to reassure an Ontario Court that Thomas is considering the children’s best interests ahead of his own.  Also, a Court might not want to grant access to a grandparent when when doing so could subject the child to conflict. Thomas has in the past thrown insults at both Harry and Meghan. Even in his Fox Interview this past week Thomas call Meghan and Harry ‘bad’ parents claiming that they had made mistakes in raising Archie and Lili.

US Attorney Mark Gross told US Weekly that these issues are also problematic under Californian Law. 

One can image a Court worrying that if they did grant access visits to Thomas would he then parade them on the TV or take photos and sell them to the world’s media?

These cases are never easy and I am sure the judges hate having to decide them, especially those judges who are grandparents themselves. Many a judge has tried to persuade the parties in such cases into mediation or some sort of therapeutic counselling knowing that a Court case is really going to make an unfortunate situation much worse.

Let me know what you think - Should Thomas be given Court ordered access to his grandkids?

Please keep listening for future podcasts on all things Meghan, Harry, Archie and Lili. You can reach out to me through my blog at https://www.kindthoughtsformeghanmarkle.com/

Show written and produced by Jeanette Songolo.

Please keep listening for future podcasts on all things Meghan, Harry, Archie and Lili and in the meantime watch out for other posts on all things Sussex on my blog at https://www.kindthoughtsformeghanmarkle.com/