Can Grandparents Get Contact With a Grandchild in BC?

If you are a grandparent and you have lost touch with a grandchild after a separation, a conflict or a death in the family, it can feel as though you have no say. The law does give you a way to ask, though it works differently from the rights a parent has.

This article explains how the Family Law Act treats grandparents and other people who are not guardians. A grandparent is a non-guardian, and a non-guardian may be granted contact by a court order. The court decides on the child's best interests, and how that applies to your family depends on your situation, so it is worth confirming with a lawyer.

This article covers the law of British Columbia.

Contact and guardianship are different things

The Family Law Act uses "contact" for time between a child and a person who is not the child's guardian, on terms set out in an agreement or order. Time with a guardian is called parenting time.

This matters because only a guardian can have parental responsibilities and parenting time. A grandparent with contact can spend time with the child but does not make the major decisions about the child's upbringing, education or health care.

Setting contact by agreement

Contact can be set by agreement between a guardian and a non-guardian. That agreement is binding only if it is made by all the guardians who decide with whom the child associates.

• If one parent agrees but the other parent, who is also a guardian, does not, the agreement may not bind everyone.
• An agreement that is clear about timing, location and handovers tends to cause fewer disputes later.
• If talking directly is hard, a neutral third party such as a mediator can sometimes help. Whether that suits your family depends on the facts.

Applying for a court contact order

If an agreement is not possible, a non-guardian may be granted contact by a court order under section 59. The court sets the terms and form of the contact and can require supervision if that is in the child's best interests.

In Provincial Court, an application for a parenting order is made on Form 3, Application about a family law matter (PFA712). Which form fits a non-guardian's contact application depends on your situation, so it is worth confirming with a lawyer or the court registry. Provincial Court also requires a Parenting After Separation course before an application moves forward, before the first court date, unless an exemption applies. Exemptions include a course completed within the past 2 years, a consent order being filed, no online access or no course in your language, literacy challenges or a serious medical condition, and they are requested on Form 20.

Because the course rules and exemptions can change, check the current requirements before filing.

What the court looks at

In an agreement or order about contact, the parties and the court must consider the best interests of the child only. Factors include the child's health and emotional well-being, the child's views unless it would be inappropriate to consider them, the nature and strength of the child's relationships with significant people, the history of the child's care, and the child's need for stability.

Family violence is also considered, including its impact on the child's safety, security or well-being. The Act sets no age at which a child chooses, and the child's views are weighed with the other factors. An arrangement is not in the child's best interests unless it protects the child's physical, psychological and emotional safety, security and well-being to the greatest extent possible.

A person's conduct is considered only if it substantially affects one of those factors, and only to that extent.

After an order: changes, denial and the guardianship route

A contact order can be changed, suspended or terminated if the child's needs or circumstances have changed. If a person entitled to contact under an agreement or order is wrongly denied it, they may apply within 12 months after the denial, and the court has a range of remedies, including a payment or fine of up to $5,000. Denial is not wrongful in some situations, for example where the guardian reasonably believed the child might suffer family violence, or where the child was ill and a medical or nurse practitioner gave a written statement that the visit was inappropriate.

A grandparent who wants a larger role can apply to the court under section 51 to be appointed a guardian. A person who is not a parent cannot become a guardian by agreement. The applicant must give the court details about their plans for the child's care and their own history. If the child is 12 or older, the appointment needs the child's written approval unless the court is satisfied it is in the child's best interests. A person applying for guardianship may apply at the same time for a parenting order.

What to do next

• Write down the history of your relationship with the child, including dates, routines and any recent changes.
• Keep any messages or records of attempts to arrange time, and keep your tone calm and child-focused.
• Consider whether an agreement signed by all the guardians is realistic before going to court.
• If you file in Provincial Court, check whether you need the Parenting After Separation course or an exemption.
• Speak with a lawyer about whether contact or guardianship fits your situation, especially if family violence or safety concerns are involved.

Frequently asked questions