Do Grandparents Have Access Rights in Ontario?

Being kept away from a grandchild after a family breakdown, a conflict with the parents or a death is painful. Many grandparents want to know whether the law gives them any right to see their grandchildren, and what they can actually do.

Ontario law does give grandparents a way to ask a court for help. It does not guarantee a particular result, because the focus is on the child. This article explains the options, the paperwork and the practical steps to consider.

What options a grandparent has

Non-parents, such as grandparents, may apply for a parenting order (decision-making responsibility) or a contact order. These are different requests.

For most grandparents who simply want to see a grandchild, the contact order is the natural fit. Decision-making responsibility is a much bigger request, because it asks the court to give you a say in how the child is raised.

The best interests of the child decide the result

Being a grandparent lets you apply, but it does not by itself decide the outcome. The judge must make the order that is in the children's best interests. The court's attention is on the child's needs and well-being, not on the grandparent's wish to be involved.

Evidence about your actual relationship with the child often matters. Think about the role you have played, how often you saw the child, and whether your involvement has been positive and stable. A lawyer can explain how courts approach these facts.

Paperwork a grandparent should expect

A non-parent applying for decision-making responsibility must file extra documents, including a Children's Aid Society report and a police record check. Parents apply using Form 8, Form 35.1 and, if relevant, Form 35.1A. Since grandparents are non-parents, a lawyer or the court office can confirm which forms apply to your situation, particularly if you are asking only for a contact order.

• Expect to disclose any police or child protection history that is relevant.
• Keep copies of every document you file and every document you receive.

Which court and where to start

The Superior Court of Justice hears parenting time and decision-making matters, and the Ontario Court of Justice also hears parenting matters. The Family Court Branch of the Superior Court is located in 25 locations, including Barrie, Lindsay and Peterborough, and residents of those locations go to their local Family Court Branch. It is the only court in Ontario that can hear all types of family law cases.

A family case usually starts in the municipality where you or your spouse lives, but for parenting time or decision-making matters it may start where the children live. If you are unsure, you can call the family court office in your area. Local addresses and steps vary, so confirm them with the court before you go.

Informal arrangements and agreements

Sometimes the best first step is a conversation, a letter or a mediated discussion, since a court case can strain relationships further. A parenting plan can set out when each person spends time with the children, but an informal parenting plan can be difficult to enforce. If you reach an agreement, ask a lawyer how to turn it into something that is enforceable.

What to do next

• Write down the history of your relationship with the grandchild: visits, caregiving, holidays, school or medical involvement.
• Save messages, photos and cards that show the relationship and any attempts to arrange contact.
• Find out where the child lives and which court office covers that area.
• Consider a calm written request or mediation before starting a court case.
• Check whether any court order or parenting arrangement already exists for the child.
• Speak to a family lawyer about whether to ask for a contact order or something broader, and what documents you must file.

Frequently asked questions