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Family

How Do I Get Legal Guardianship of a Child Who Is Not Mine in Ontario?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

In Ontario, a relative or family friend who is not a parent can apply to court for a parenting order on decision-making responsibility, or for a contact order. The court decides only on the child's best interests, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being.

The application must include an affidavit setting out your proposed plan for the child and any involvement in family or criminal proceedings. If you want decision-making responsibility, you must also file a recent police records check and request a report from each relevant children's aid society, which must respond within 30 days.

A parenting order is different from adoption, which is a separate process that can also be open to relatives. If you are caring for a child you have no legal duty to support, Temporary Care Assistance of up to $274 a month for the first child may be available, unless you are paid for care under the CYFSA or have shown a settled intention to treat the child as your own, and the child is generally not eligible where a s. 116 CYFSA legal custody order applies. The right route depends on the child's situation, so get legal advice before filing.

Key takeaways

  • A non-parent, including a grandparent, relative or family friend, may apply to court for decision-making responsibility or for a contact order.
  • Your application must include an affidavit with your proposed plan for the child and any involvement in family or criminal proceedings.
  • For decision-making responsibility, you must file a recent police records check and request a report from each relevant children's aid society.
  • The court decides only on the child's best interests, giving primary consideration to the child's safety, security and well-being.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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