What is the role of grandparents in the development of a child and applying the best interests tests for both custody and access?

On the matter of the role of grandparents in the development of a child and applying the best interests tests for both custody and access Allbright J. in Muirehead v. Peters [1998] S.J. No. 195 at paragraph 57 adopted the statement of Gerein J. (as he then was): ... In my opinion s. 8 must be applied with this relationship in mind. Absent something unusual or exceptional a parent is in a favoured position and should be preferred over grandparents on a question of custody. When I use the words “unusual” or “exceptional”, I do not include within that enhanced ability to provide material things or the ability to bring extended experience to bear. Were these factors to decide the issue, it would be rare when grandparents would not prevail, even when parents were performing adequately. To my mind, the court must look initially to the best interests of a child within the context of the child’s immediate family or what remains of it. Should the examination disclose that the situation is in a meaningful way less than what one would normally expect, then the court should seek the best interests of the child beyond the parameters of the immediate family. Issue #1: Should the petitioner have sole custody or is joint custody appropriate in these circumstances?

In the decision of Gilewich v. Gilewich, 2001 SKQB 536 Archambault J. said at paragraph 41: The courts are generally hesitant to make a joint custody and shared parenting order where there is ongoing and a high degree of conflict between the parents. Such orders have not usually been effective unless the parties are disposed to co-operate in the best interests of the children.