Grandparents often play an important role in a child’s life. They may provide regular childcare, attend school events and activities, celebrate holidays together, or simply be a consistent source of love and support.
But what happens when a grandparent’s relationship with a grandchild is disrupted? Can a grandparent in Ontario ask the court for time with their grandchild?
The short answer is yes — but Ontario family law generally refers to this as “contact,” rather than “parenting time,” when the person seeking time with the child is a grandparent.
If you are a grandparent who has been denied access to your grandchild, or a parent concerned about a grandparent seeking court-ordered time with your child, it is important to understand how the law works and what a court will consider.
What Are Grandparents’ Rights in Ontario?
Ontario law recognizes that grandparents can have important relationships with their grandchildren.
Under the Children’s Law Reform Act (CLRA), a person who is not a parent — specifically including a grandparent — may apply to the court for a contact order with respect to a child. A contact order can establish when and how a grandparent may spend time with or communicate with their grandchild.
The legislation defines “contact” broadly as time a child spends in the care of someone other than the child’s parent. A contact order can therefore address arrangements such as visits or communication between a grandparent and grandchild.
This does not, however, mean that grandparents automatically have a legal right to visit their grandchildren whenever they wish.
The court’s focus is always the best interests of the child.
Is Parenting Time the Same for Parents and Grandparents?
Not exactly.
Under Ontario’s current legislation, parenting time is a legal concept associated with parents. A non-parent, including a grandparent, can apply for a contact order. A grandparent can also apply for a parenting order concerning decision-making responsibility in appropriate circumstances, but the legislation separately provides for non-parents to seek contact rather than parenting time.
In practical terms, this distinction matters.
A grandparent who wants regular time with a grandchild will generally be asking the court for an order providing for contact, rather than simply asking for “grandparent parenting time.”
A contact order may address:
- In-person visits
- Overnight visits
- Holiday time
- Telephone or video calls
- Other forms of communication
- The frequency, duration or location of visits
- Supervised contact, where appropriate
The specific terms depend on the circumstances of the child and family.
Does a Grandparent Automatically Have a Right to See Their Grandchild?
No.
Being a grandparent does not create an automatic entitlement to court-ordered contact.
Instead, the court must determine whether an order for contact is in the best interests of the child. Under section 24 of the CLRA, the child’s physical, emotional and psychological safety, security and well-being receive primary consideration. The court must consider factors including the nature and strength of the child’s relationship with their grandparents and other important people in the child’s life.
This means that the question is not simply:
“Does this grandparent want to see the child?”
The more important question is:
“Would having contact with this grandparent be in this particular child’s best interests?”
That distinction can be critical in a family law dispute.
What Will the Court Consider?
Every family is different, and there is no single checklist that guarantees a particular outcome.
The court may consider factors such as:
The Child’s Relationship With the Grandparent
A longstanding, meaningful relationship may be important. For example, a grandparent who has been heavily involved in a child’s day-to-day life may have a different situation from a grandparent who has had very little contact with the child.
Ontario law specifically directs courts to consider the nature and strength of the child’s relationship with their grandparents.
The Child’s Age and Needs
The child’s age and stage of development are relevant, including the child’s need for stability.
A proposed contact schedule should fit the child’s circumstances rather than simply reflect what an adult wants.
The Child’s Views and Preferences
Where the child’s views and preferences can reasonably be ascertained, the court must consider them and give them appropriate weight based on the child’s age and maturity.
The History of Care
The court may consider who has historically cared for the child and the role different family members have played in the child’s upbringing.
Family Conflict and Safety
The court is also concerned with the child’s safety and well-being. Issues such as family violence, conflict, or other circumstances affecting the child’s physical or emotional security can be highly relevant.
A grandparent’s desire for a relationship with a grandchild does not override concerns about the child’s safety or well-being.
What If the Parents Are Preventing the Grandparents From Seeing the Child?
A family disagreement does not automatically mean that a grandparent will receive a court order.
However, if a grandparent has been denied contact and cannot resolve the issue through communication or an appropriate family dispute resolution process, they may have the option of bringing an application for a contact order.
The grandparent would need to provide the court with information relevant to the child’s best interests, including a proposed plan for the child’s care and upbringing and information about relevant family, child protection or criminal proceedings.
Before starting a court application, it can be helpful to obtain legal advice about the circumstances and the evidence available.
What If the Grandparents and Parents Have a Good Relationship?
Court proceedings are not always necessary.
If parents and grandparents can agree on a schedule, they may be able to create an arrangement that works for the child and the entire family.
A written agreement can help reduce misunderstandings about:
- How often visits will occur
- Holiday arrangements
- Birthdays and special occasions
- Transportation
- Overnight visits
- Telephone and video communication
- What happens if plans need to change
If a dispute has already developed, a family lawyer can help you understand your options for resolving the issue without unnecessary litigation.
What If the Parents Are Divorcing?
If the child’s parents are divorcing, the federal Divorce Act may also apply.
The Divorce Act permits a person other than a spouse to apply for a contact order with a child of the marriage. A person generally requires leave of the court to bring that application unless an applicable exception applies. The court considers relevant factors, including whether contact could occur during another person’s parenting time.
As with Ontario’s legislation, the focus remains on the best interests of the child.
Because the applicable legislation can depend on the circumstances of the family and the proceedings already underway, grandparents and parents should obtain legal advice before assuming which process applies.
Can a Grandparent Get Custody or Decision-Making Responsibility?
In some circumstances, a grandparent may seek more than contact.
Under the CLRA, a person other than a parent — including a grandparent — may apply for a parenting order concerning decision-making responsibility.
This is different from simply seeking visits with a grandchild.
If a grandparent believes that a child’s circumstances require them to have a more substantial role in the child’s care or decision-making, the legal strategy can become considerably more complicated. The court will continue to focus on the child’s best interests.
A grandparent considering an application for decision-making responsibility should speak with an experienced Ontario family lawyer before taking steps in court.
What If a Grandparent Already Has a Court Order?
If there is already a parenting order or contact order in place, the situation is different.
The terms of the existing order should be reviewed carefully. Depending on the circumstances, a party may need to seek a variation or another court remedy rather than simply making a new application.
Do not assume that an informal change to the arrangement is legally sufficient. If there is an existing court order, obtaining legal advice can help you understand your rights and obligations before taking action.
Grandparent Contact Disputes Can Be Emotionally Difficult
Grandparent disputes are often about much more than a legal schedule.
They can involve strained relationships between parents and grandparents, separation, remarriage, family conflict, concerns about a child’s safety, or a sudden breakdown in a relationship that was once close.
Family law courts are not there to decide which adult is “right” in a family disagreement. Their focus is the child.
That is why it is important to approach a grandparent contact dispute with a clear understanding of the legal test, the evidence that matters, and the outcome that is actually in the child’s best interests.
Speak With an Ontario Family Lawyer
If you are dealing with a dispute involving grandparents and grandchildren, you do not have to navigate the legal process alone.
Book a free 15-minute consultation with our office to discuss your situation and learn what steps may be available to you.
You can also contact our office directly to speak with our team about your family law matter.
This blog post provides general legal information and is not legal advice. Every family law matter is different, and the law and applicable court procedures may depend on the specific circumstances of your case.
