Grandparents can play an important and lasting role in a child’s life. After a separation, divorce, death in the family, or conflict between adults, however, grandparents may sometimes find that their contact with a grandchild has been reduced or stopped entirely.
This often leads families to ask: Do grandparents have rights to their grandchildren in Canada?
Grandparents do not have an automatic legal right to see their grandchildren. However, Ontario law recognizes that grandparents can have important relationships with children and allows grandparents to apply for a contact order or, in some circumstances, a parenting order.
People often refer to these arrangements as visitation rights, but current Ontario and federal family law generally use the terms contact, parenting time, and decision-making responsibility.
At Gelman & Associates, our Toronto child custody lawyers help parents, grandparents, and other family members understand how these rules apply when contact with a child becomes disputed.
Key Takeaways About Grandparents’ Rights In Canada
- Grandparents do not automatically have a right to visit or spend time with a grandchild.
- In Ontario, a grandparent can apply for a contact order under the Children’s Law Reform Act.
- A grandparent may also be able to apply for decision-making responsibility in appropriate circumstances.
- During a divorce proceeding, the federal Divorce Act can govern contact applications involving non-parents.
- Courts decide these cases according to the best interests of the child, not the wishes of the adults alone.
- A strong, established grandparent-grandchild relationship can be an important factor.
- Courts may consider whether contact can occur during a parent’s parenting time rather than through a separate order.
- Contact can include in-person visits, telephone calls, video calls, and other forms of communication.
Do Grandparents Have Rights To See Their Grandchildren In Canada?
Grandparents do not have an automatic right to see their grandchildren simply because of the family relationship. However, both federal and Ontario family law recognize that a grandparent may apply to court for an order allowing continued contact with a child.
In Ontario, section 21 of the Children’s Law Reform Act expressly allows a person other than a parent, including a grandparent, to apply for a contact order.
The legislation also permits a non-parent, including a grandparent, to apply for a parenting order concerning decision-making responsibility in appropriate circumstances. Whether an order is actually granted depends on the child’s best interests.
What Are Child Visitation Rights In Canada?
“Child visitation rights” is a phrase people still commonly use when concerned about who can spend time with a child. However, it’s important to note that the legal terminology in Canada has changed.
Under current Canadian family law:
- Parenting time generally refers to time a child spends in the care of a parent.
- Contact generally refers to time or communication between a child and a person who is not a parent, such as a grandparent.
- Decision-making responsibility refers to authority over significant decisions concerning a child’s well-being.
For grandparents, the relevant legal concept will often be a contact order, rather than “visitation rights.” This distinction became more prominent after reforms to the federal Divorce Act came into force in 2021.
Grandparent Visitation Rights Vs. Contact Orders
A contact order may allow a child and grandparent to maintain their relationship through arrangements such as:
- In-person visits
- Overnight visits where appropriate
- Telephone calls
- Video calls
- Written communication
- Attendance at family events
- Other agreed or court-ordered forms of contact
The precise arrangement will depend on the child’s needs and circumstances.
A court may also impose conditions or restrictions if required for the child’s safety or well-being.
Can Grandparents Sue For Visitation Rights In Canada?
A grandparent can apply to court for contact, but filing an application does not mean that visitation or contact will automatically be ordered.
Under Ontario’s Children’s Law Reform Act, a grandparent may apply for a contact order.
Where the child’s parents are involved in divorce proceedings, section 16.5 of the federal Divorce Act permits a person other than a spouse, including a grandparent, to seek a contact order.
Under the Divorce Act, a non-spouse generally requires the court’s permission, known as leave, before making the application. The court will then focus on whether the requested contact is in the child’s best interests.
How Do Courts Decide Grandparent Visitation And Contact?
The child’s best interests are always the central consideration for courts when they are determining visitation and contact rights between children and their family members.
Ontario’s Children’s Law Reform Act requires courts deciding parenting and contact matters to give primary consideration to the child’s physical, emotional, and psychological safety, security, and well-being.
Relevant factors can include:
- The child’s age and developmental needs
- The strength of the relationship between the child and grandparent
- The child’s relationships with parents, siblings, and other important people
- The history of the grandparent’s involvement in the child’s life
- The child’s views and preferences, where appropriate
- Stability and continuity in the child’s life
- Any family violence or safety concerns
- The grandparent’s ability to respect the child’s parents and family boundaries
- The effect that continued or renewed contact may have on the child
Ontario legislation specifically identifies the child’s relationship with their grandparents as a factor that can be considered when assessing best interests.
Does A Grandparent Need An Existing Relationship With The Child to Apply for a Contact Order?
A strong existing relationship can be an important factor in a final decision. Courts may look at how involved the grandparent has historically been in the child’s life and what effect losing that relationship could have on the child.
Relevant evidence might show that a grandparent:
- Regularly cared for the child
- Saw the child frequently
- Lived with the child
- Provided emotional support
- Assisted with school or activities
- Played a consistent caregiving role
- Maintained a close relationship over many years
An application may be more difficult where the grandparent has had little or no previous relationship with the child and is essentially asking the court to create one.
The analysis by the court will remain focused on the child rather than on an adult’s desire for contact.
Can Parents Refuse Grandparents’ Visitation in Ontario?
Parents generally have significant authority to make decisions concerning their children, and a grandparent cannot automatically override a capable parent’s decision simply because the grandparent wants more contact.
However, a grandparent can ask a court to intervene where contact has been stopped.
The court may consider why contact ended and whether restoring contact would serve the child’s best interests.
For example, the court may consider:
- Whether there was previously a close and beneficial relationship
- Whether adult conflict is interfering with the child’s relationship with the grandparent
- Whether contact would expose the child to continuing conflict
- Whether the grandparent respects parental boundaries
- Whether there are safety concerns
- The child’s own views, where appropriate
The outcome depends on the circumstances of the individual family.
Can Parents Stop Grandparents From Seeing Their Grandchildren?
In some cases, yes. A parent’s concern about grandparent contact may carry significant weight where it relates to the child’s safety or well-being.
Examples of concerns that may be relevant include abuse, neglect, family violence, and other conduct that may affect the child’s welfare.
Where safety is an issue, the court can consider whether contact should be restricted, supervised, or not ordered.
Parents dealing with serious safety concerns may also wish to speak with our Toronto domestic violence lawyers or Toronto child protection lawyers, depending on the circumstances.
Can Grandparent Visitation Be Supervised?
In some cases, yes. Current Canadian family law allows courts to impose terms and conditions on contact orders. This means that grandparents who are granted contact orders may require supervision.
Under the Divorce Act, a contact order can expressly require that contact or the transfer of the child from one person to another be supervised.
Supervision may be considered where the court believes some contact could benefit the child, but safeguards are necessary to protect their best interests.
Ontario also has supervised access services that may be relevant in certain family-law cases.
Can A Grandparent Get Custody Of A Grandchild?
People often use the term “custody,” but it should be noted that Ontario now generally uses the term decision-making responsibility.
A grandparent can potentially apply for a parenting order that grants them decision-making responsibility. This is different from merely asking for occasional visits or communication, which a contact order might help to establish.
A grandparent seeking decision-making responsibility may be doing so because they have acted as a primary caregiver, the child’s parents cannot presently care for the child, or other significant circumstances exist.
Ontario’s Children’s Law Reform Act expressly allows a non-parent, including a grandparent, to apply for a parenting order concerning decision-making responsibility. The child’s best interests remain the governing test. The court will determine whether granting decision-making responsibility to a grandparent is appropriate based on the specific circumstances of the family.
Parenting Time Vs. Grandparent Contact
Understanding the difference between parenting time and contact is important.
Parenting time typically applies to parents. Contact generally concerns someone who is not a parent who is still seeking legal access to a child.
For example, a separated mother or father seeking additional time with their child would normally be dealing with parenting time, not a grandparent-style contact order.
A grandmother or grandfather seeking independent visits with a grandchild would more commonly be dealing with contact.
Parents who need help with their own parenting schedule should review our Toronto child custody lawyers page.
Can Grandparents See A Child During A Parent’s Parenting Time?
Often, yes. A separate court order may not always be necessary if a grandparent can maintain the relationship while the child is spending time with one of the parents.
The federal Divorce Act specifically directs courts considering a contact application to consider whether the child’s contact with the applicant could occur during another person’s parenting time.
This is one reason courts may encourage families to consider practical solutions before beginning a separate contact proceeding.
Do Grandparents Need To Go To Court to See Their Grandchildren?
Not always. Before seeking a court order, families may be able to resolve contact disagreements through direct discussion, lawyer-assisted negotiation, family mediation, or another form of alternative dispute resolution.
Where communication is safe and productive, resolving the dispute outside court may allow the family to develop a more flexible arrangement.
Court proceedings may become necessary where contact has been completely denied, the adults cannot reach an agreement, or serious concerns require a formal order. In either case, our Toronto family lawyers can help navigate your dispute.
What Evidence Can Help In A Grandparent Contact Case?
A grandparent seeking contact should be prepared to focus on the child’s needs rather than simply asserting a personal right to visitation.
Relevant evidence may include:
- How often the grandparent previously saw the child
- The length and quality of the relationship
- Caregiving responsibilities the grandparent previously assumed
- Communications showing efforts to maintain the relationship
- The child’s attachment to the grandparent
- The reason contact was stopped
- The grandparent’s proposed schedule
- The ability to respect the parents’ role
- Evidence concerning the child’s views or needs, where appropriate
A grandparent applying under Ontario law must also provide information relevant to the child’s best interests as part of the court application.
Can Grandparents Get Visitation After The Parents Divorce?
Yes, a divorce does not automatically end the possibility of contact between a child and grandparent. Often, grandparents continue to see the child during their adult child’s parenting time without needing a separate order.
Where that is not possible, a grandparent may consider a contact application under the Divorce Act. The court will consider whether contact is in the child’s best interests and whether it can reasonably occur during a parent’s existing parenting time.
What If The Grandparents Live In Another Province?
Distance can affect the practical structure of contact but does not necessarily eliminate the relationship.
Depending on the circumstances, a contact order could include:
- Video calls
- Telephone calls
- Longer visits during school breaks
- Visits connected with a parent’s parenting time
- Travel arrangements
Jurisdiction can become more complicated where the child and grandparent live in different provinces, so obtaining legal advice may be appropriate before starting a court application.
Frequently Asked Questions About Grandparents’ Rights
Do Grandparents Have Rights In Canada?
Grandparents do not have automatic visitation rights, but they may apply for contact with a child under applicable provincial or federal family law.
What Are Grandparents’ Visitation Rights In Ontario?
Ontario now generally refers to grandparent visitation as contact. A grandparent can apply for a contact order under the Children’s Law Reform Act. Although approval is subject to the opinion of the court, it is within a grandparent’s right to apply for the order itself.
Can Grandparents Sue For Visitation Rights In Canada?
A grandparent can bring a court application for contact where the applicable legislation permits it. Under the federal Divorce Act, a non-spouse generally requires leave of the court to apply.
Can A Parent Deny A Grandparent Visitation?
A parent can make decisions concerning contact, but a grandparent may ask the court to intervene. The court will decide whether ordering contact is in the child’s best interests.
What Is The Difference Between Child Visitation Rights And Parenting Time?
“Visitation” is older or informal terminology. Current Canadian family law generally uses parenting time for parents and contact for non-parents such as grandparents.
Can Grandparents Get Decision-Making Responsibility?
Potentially. Ontario law permits a non-parent, including a grandparent, to apply for decision-making responsibility. This is distinct from simply seeking contact.
Speak With A Toronto Family Lawyer About Grandparent Contact
Disputes between parents and grandparents can be particularly difficult because they involve both important family relationships and decisions about a child’s well-being.
Whether you are a grandparent hoping to preserve a meaningful relationship with your grandchild or a parent concerned about proposed contact, Gelman & Associates can help you understand the legal options available.
Our family lawyers assist with:
- Grandparent contact orders
- Grandparent visitation disputes
- Parenting orders involving grandparents
- Decision-making responsibility
- Negotiation and mediation
- Supervised contact
- Parenting disputes
- Court proceedings
To discuss grandparents’ rights or contact with a child in Ontario, call 1-844-736-0200 or contact Gelman & Associates online.
