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Family

Can a grandparent seek temporary care and custody of a grandchild instead of the child going into society care?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. If a children's aid society is looking to place a grandchild into its own care, a grandparent can come forward and ask to be considered instead - either as a kinship care placement arranged directly with the society, or, in some situations, by proposing an arrangement where the grandparent takes on care of the child more formally. A society is generally expected to consider a suitable relative before an unrelated placement, since maintaining the child's existing family connections is usually seen as beneficial where it can be done safely.

A grandparent proposing this route should contact the society directly and promptly, since timing often matters when a placement decision is being made, and should be prepared to be assessed for suitability - things like housing, any existing relationship with the child, and ability to meet the child's needs. If the matter is already before the child protection court, the grandparent may also be able to raise their willingness to care for the child within that proceeding. A family lawyer can advise on whether a formal application, an agreement with the society, or simply making the request known is the right approach for the specific situation.

Key takeaways

  • A grandparent can ask a society to consider them instead of placing a grandchild into its own care.
  • Societies generally look to suitable relatives before unrelated placements where safe to do so.
  • Contact the society promptly, since timing matters when a placement decision is being made.
  • A lawyer can advise on the best way to formalize a grandparent's willingness to care for the child.
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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