Does the Divorce Act treat third-party contact applications differently than the Children's Law Reform Act?

Both statutes allow a non-parent to seek contact with a child, and both apply the same underlying best-interests test, but which one applies depends on the parents' own situation, not on any difference in how grandparents or other relatives are treated. The Divorce Act's contact provisions apply where the child's parents are married and the matter is proceeding as part of a divorce, while the Children's Law Reform Act covers parenting and contact matters for children whose parents aren't divorcing under the Divorce Act, including never-married parents.

For a grandparent or other relative, the practical effect is mostly about which court and which proceeding their application fits into, rather than a different legal standard to meet - a grandparent seeking contact where the parents are going through a divorce may end up as part of that Divorce Act proceeding, while one where the parents were never married, or are separated without divorcing, would typically proceed under the Children's Law Reform Act instead. If you're a grandparent or other relative unsure which framework applies to your situation, a family lawyer can quickly identify the right statute and court based on the parents' marital status and the state of any existing case.