Can grandparents apply for parenting time with their grandchildren in Ontario?
Yes. Under Ontario's Children's Law Reform Act, grandparents and other persons with a close relationship to a child (such as step-parents or other relatives) can apply to a court for parenting time or contact. They do not have an automatic right, but the court will consider whether an order would be in the child's best interests.
A grandparent's application is most commonly made when one parent has died, when parents have cut off contact, or when a family breakdown has severed the child's relationship with one side of the family. Courts weigh the existing bond between the grandparent and child, the reasons access was cut off, and how contact would affect the child's relationships with their parents.
Courts are careful not to undermine a parent's authority to make decisions about who is in their child's life, so a grandparent's application is not guaranteed to succeed. The stronger and more established the relationship before the breakdown, the better the prospects. Mediation is often tried before litigation.
Key takeaways
- Grandparents can apply for parenting time under Ontario's Children's Law Reform Act.
- Courts apply the best interests of the child test, not an automatic grandparent right.
- An existing, established relationship with the child strengthens the case.
- Mediation is often recommended before going to court.