Can Grandparents Get Access to Grandchildren in Manitoba?

Being cut off from a grandchild is painful, and it is often unclear what the law allows. Many grandparents want to know whether they can ask a Manitoba court for contact and what a judge would look at.

This article explains the practical routes and the steps in Manitoba family court. It does not set out the specific legal test for grandparent contact, because that depends on your family's facts and the law that applies. A lawyer can confirm where you stand.

This article covers the law of Manitoba.

Start with what you can confirm

The first question is who has decision-making authority over the child and why contact stopped. The reasons might be a separation, a family conflict, a death or a safety concern. Each one can change what route makes sense.

Whether a grandparent can apply to a court for contact, and the test the court uses, is something to confirm with a lawyer rather than assume. Do not rely on stories from friends or other provinces, because rules differ from place to place.

Try an agreement before court

If the parents are willing to talk, a calm conversation or a mediated discussion may be the quickest way to restore contact. Manitoba guidance recommends, but does not require, a written separation agreement, family arbitration award or court order when there are children.

If you reach an agreement, write it down. Keep in mind that agreements are not court orders and can be harder to enforce. Manitoba guidance also stresses independent legal advice for each person, because an agreement is a binding contract.

What court can look like in Manitoba

The court procedures described here are those of the Court of King's Bench, Family Division, and whether your particular matter belongs there is worth confirming with a lawyer. The steps listed for family court include filing a petition, notice of application or statement of claim, serving the other party, and completing prerequisites.

• Prerequisites can include the For the Sake of the Children Program, financial statements, and mediation efforts.
• A triage conference and then a case conference within 30 days follow.
• A trial date is generally set within 12 to 15 months.
• An appeal is generally made within 30 days of the order being filed.

Which steps apply to a grandparent can depend on the type of application, so ask a lawyer to map them out. Urgent issues can be prioritized for hearing within 30 days, and uncontested matters follow different processes.

Enforcement and safety concerns

Getting an order or agreement is one thing, and having it followed is another. The Maintenance Enforcement Program does not enforce parenting or contact terms. Ask a lawyer how a contact term in your situation could be enforced.

If the issue is violence or stalking rather than contact, a different law may apply. The Domestic Violence and Stalking Act covers people who have a family relationship, among other relationships. Protection orders can include no-contact terms. If you are in immediate danger, contact police.

What to do next

• Write a timeline of your past contact with the children and when it stopped.
• Save messages, cards, photos and anything showing your role in the children's lives.
• Note any existing orders or agreements about the children, and who the parents are.
• Consider a respectful written request or mediation first, if it is safe.
• Speak with a family lawyer about whether you can apply, the test that applies, and the steps in Family Division.

Frequently asked questions