Can Grandparents Get Custody or Guardianship in Ontario?

You may be worried about a grandchild's safety, or you may already be raising them and have no legal paper that says so. Many grandparents ask whether they can get "custody" or "guardianship" in Ontario, and what a court will want to see.

Ontario's family law now speaks mostly of decision-making responsibility and contact rather than custody. This article explains how a grandparent can apply, what the court weighs, and what other routes exist. Every family's facts differ, so use it as a map, not a prediction.

Who can apply, and for what

A person who is not a parent, including a grandparent, relative or family friend, may apply to court for a parenting order on decision-making responsibility, or for a contact order. Decision-making responsibility is the power to make major decisions for a child, such as about health or education. Contact is time and communication with the child.

The application must include an affidavit setting out your proposed plan for the child and any involvement you have had in family or criminal proceedings. That means the court looks at you as well as at the situation you are worried about.

What the court looks at

The court decides parenting and contact applications only on the child's best interests. It gives primary consideration to the child's physical, emotional and psychological safety, security and well-being.

Among the factors it weighs are the child's relationships with grandparents and others, the child's views, the child's heritage, and family violence. A close, long-standing bond is relevant, but it is one factor among several, and it does not guarantee any result.

Extra steps if you want decision-making responsibility

Non-parents who seek decision-making responsibility must file a recent police records check. They must also request a report from each relevant children's aid society, and the society must respond within 30 days. The court clerk also provides information on any family proceedings involving the child or the non-parent.

• Police records check: a recent one is required.
• Society reports: one request to each relevant children's aid society.
• Affidavit with your plan for the child.
• Clerk's information on other family proceedings.

These steps take time. If there is an immediate danger to a child, a lawyer can tell you which urgent options exist; this article does not cover them.

Other routes grandparents sometimes consider

Adoption is a much bigger step than a parenting order. When an adoption order is made, the child becomes the child of the adoptive parent and each former parent stops being a parent, except that a former parent who is the spouse of the adoptive parent keeps parent status. A child under 16 generally needs the written consent of every parent. If a parent refuses or cannot be found, the court may dispense with the consent if that is in the child's best interests, provided notice was given or a reasonable effort was made.

Relative adoptions go directly through the Ontario court, and no adoption licensee is needed. Adopting a relative who lives outside Canada instead follows the international adoption process.

Temporary Care Assistance is not available if the caregiver is paid for care under the Child, Youth and Family Services Act, or has a legal obligation to support the child, such as an adoptive parent. Amounts can change, so confirm them with your local Ontario Works office.

What to do next

• Write down dates and facts that show your relationship with the child and your safety concerns.
• Note any past or current court, children's aid society or police involvement for the child, the parents or yourself.
• Draft a simple plan for the child's daily care, schooling and health.
• Decide whether you want decision-making responsibility, contact, or something more permanent, since the steps differ.
• Speak with a family lawyer before filing, especially if a society is already involved.

Frequently asked questions