Can Grandparents Get Contact With Grandchildren in Nova Scotia?

Being cut off from a grandchild is painful, and it is often unclear whether the law gives you any way back in. Grandparents are not parents or spouses, so the rules for them are different from the rules for a mother or father.

This article explains the court route that exists in Nova Scotia, the idea of getting leave (permission) first, and what a court looks at when it decides about contact. Every family is different, so treat this as a general map and not a prediction.

This article covers the law of Nova Scotia.

Can a grandparent apply to a court?

Yes, there is a court process for contact. Under the Divorce Act, a person who is not a spouse, such as a grandparent, can apply for a contact order or a parenting order, but needs leave of the court first. These matters are heard in the Supreme Court of Nova Scotia (Family Division).

The federal Divorce Act also deals with contact orders and parenting orders. Which Act fits your situation depends on what is already going on in the family, and a lawyer can help you sort that out.

What does "leave of the court" mean?

Leave means the court's permission to bring the application in the first place. Under the Divorce Act, a person who is not a spouse, such as a grandparent, needs leave to apply for a contact order or a parenting order, unless leave was already obtained under the parenting-order provision.

A grandparent applying under the Divorce Act therefore faces that extra step before the main question is heard. Whether a similar step applies when you apply under the Parenting and Support Act depends on the current wording of that Act, so confirm it with a lawyer before you file anything.

What does the court look at?

Under the Divorce Act, a court making a parenting or contact order considers only the best interests of the child, with primary consideration to the child's physical, emotional and psychological safety, security and well-being. The factors include:

• The child's needs and stability, and the child's relationships with each parent, siblings and grandparents.
• The history of care and the plans for the child's care.
• The child's views and preferences.
• The child's cultural, linguistic, religious and spiritual upbringing, including Indigenous heritage.
• Each person's ability to communicate and cooperate, and to meet the child's needs.
• Family violence and its impact, and any relevant civil or criminal proceedings or orders.

The focus is the child, not the grandparent's feelings or the dispute between the adults. The factors also include each spouse's willingness to support the child's relationship with the other, and the child's history of care. How these factors apply to your family depends on the facts, so it is worth confirming with a lawyer.

Where the application goes and what to expect

Parenting arrangements, including decision-making responsibility and parenting time, are heard in the Supreme Court of Nova Scotia (Family Division). Since January 1, 2022, family law matters in the province are handled under Rule 59 of the Civil Procedure Rules.

The Parent Information Program is mandatory when a court application involving children is filed in the Family Division. The court also offers conciliation, mediation and voluntary judge-led settlement conferences, and mediation referrals generally need an active application.

Legal aid family coverage includes matters under the Parenting and Support Act and the Divorce Act, but you must meet the financial eligibility rules. If legal aid is refused, you can appeal to the Commission by written request for review.

What to do next

• Write down the history of your relationship with the child: regular visits, caregiving, holidays and when contact stopped.
• Keep messages, photographs and cards that show the relationship, and avoid arguing with the parents in writing.
• Find out whether the parents are separated, divorcing or already have a court order, and ask a lawyer which Act fits your situation.
• Consider whether a calm conversation or mediation could work before going to court.
• Speak with a lawyer about whether you need leave and which Act to use before you file.

Frequently asked questions