- Non-parents such as grandparents can apply to the court for a parenting order on decision-making responsibility or a contact order.
- Decision-making responsibility covers significant decisions about the child's health, education and religion.
- The court must decide in the child's best interests and must consider family violence and the child's current living arrangements.
- Adoption, legal custody and kinship arrangements are different routes with different results, so the right one depends on your situation.
Many people end up raising a child who is not theirs by birth: a grandchild, a niece or nephew, or the child of a friend. Daily care is one thing. Having legal authority to make decisions about the child's health care or schooling is another, and schools, doctors and others may ask what authority you actually have.
People often search for how to become a child's legal guardian. In Ontario, one court order open to non-parents is a parenting order about decision-making responsibility. This article explains what that order covers, how a non-parent applies, and what other routes exist if it is not the right fit.
What "legal guardian" usually means in practice
The word guardian is used in several different ways in everyday speech, and it can mean different things in different laws. What most caregivers really want is the legal power to make important decisions for the child and to have a stable arrangement recognized. One route for a non-parent in Ontario is to ask the court for a parenting order dealing with decision-making responsibility.
Decision-making responsibility covers significant decisions about the child's health, education and religion. Whether other legal steps, such as dealing with a child's property, are needed in your case depends on the facts, and a lawyer can confirm that for you.
Who can apply and what the court looks at
Non-parents, for example grandparents, can apply for a parenting order on decision-making responsibility or for a contact order. Contact means time a child spends in the care of a non-parent such as a grandparent, and it is set out in a contact order.
The court must make its order in the child's best interests, and it must consider family violence and the child's current living arrangements.
| Order | What it deals with | Who may ask as a non-parent |
|---|---|---|
| Decision-making responsibility | Significant decisions about health, education and religion | Non-parents such as grandparents |
| Contact order | Time the child spends in the care of a non-parent | Non-parents such as grandparents |
| Adoption order | A permanent court order | Depends on the route, for example relatives applying directly to court |
The forms and documents a non-parent files
A non-parent applying for a parenting order files a set of documents with the court. Gather these early, because some of them take time to obtain:
- Form 8, the application
- Form 35.1, Parts A and B
- A Children's Aid Society Report on Records
- A police record check
- Form 35.1A, if it is relevant to your situation
Court forms are updated from time to time, so confirm that you are using the current versions before you file. A lawyer can also help you fill them out in a way that gives the court a clear picture of the child's care.
Other routes: kinship, custody, customary care and adoption
A parenting order is not the only way relatives can formalize their role. The options include a kinship service, where the child stays out of society care with a relative; kinship care, which is a form of foster care; legal custody; adoption; and customary care for First Nations, Inuit and Métis children.
These differ in what they permanently change. Adoption is a permanent court order, and once a legal custody order is made, the child is no longer in society care. If a children's aid society is already involved with the child, the society's role will affect which option is realistic.
- Relatives living in Ontario, such as a niece, nephew, grandchild or stepchild, can apply directly to an Ontario court for an adoption order, with no adoption licensee needed.
- A homestudy by an adoption practitioner is not required for that kind of relative adoption unless the judge requires it.
- A relative living abroad follows the international adoption process.
- An adoption order makes the adopter the child's legal parent.
Adoption is a much bigger step than a decision-making order, because it changes who the child's legal parents are. It is worth thinking carefully about which outcome you actually want for the child and for the family.
What to do next
Start by being clear about what you need. Is it authority to deal with doctors and schools, regular time with a grandchild, or a permanent legal relationship? The answer points toward different orders.
- Write down who currently cares for the child, where the child lives and for how long.
- Note any concerns about safety or family violence, since the court must consider family violence.
- Find out whether a children's aid society is involved with the child.
- Start collecting the documents the court requires, including the police record check and the Children's Aid Society Report on Records.
- Speak with a family lawyer before filing. The Law Society of Ontario can help you find one.
Frequently asked questions
Can a grandparent get decision-making responsibility for a grandchild?
Non-parents such as grandparents can apply for a parenting order on decision-making responsibility. Whether an order is made depends on the court, which decides in the child's best interests and must consider family violence and the child's current living arrangements. A lawyer can tell you how this applies to your situation.
What is the difference between decision-making responsibility and contact?
Decision-making responsibility covers significant decisions about the child's health, education and religion. Contact is time a child spends in the care of a non-parent such as a grandparent, set out in a contact order.
Is a parenting plan enough, or do I need a court order?
A parenting order is enforceable, while a parenting plan is usually informal unless it is part of a separation agreement or court order. If you need something you can rely on if there is a disagreement, an order is generally the stronger option.
Do I need to adopt the child to have legal authority?
Not necessarily. Adoption is a permanent court order that makes you the child's legal parent, while a parenting order on decision-making responsibility is a different and narrower step. Which one fits depends on your situation, so it is worth talking to a lawyer.
Sources
- Ontario.ca – Public adoptions — ontario.ca
- Ontario.ca – Adopting a stepchild or relative — ontario.ca
- Ontario.ca – Customary care / children's aid societies (search result) — ontario.ca
- Ontario.ca – Parenting time, decision-making responsibility and contact — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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