Grandparents Seeking Contact or Parenting Time in Ontario

When a family breaks down — through divorce, separation, or a parent's death — grandparents can find themselves suddenly cut off from grandchildren they have been a daily part of. If you are a grandparent seeking contact or parenting time in Ontario, you are not without options, but the path forward requires understanding how Ontario courts actually think about these situations.

The Children's Law Reform Act (CLRA) allows any person — including grandparents — to apply for parenting time or contact with a child. The law is clear that a prior relationship with a grandchild matters, and courts take it seriously.

What Ontario Law Says About Grandparent Applications

Under the Children's Law Reform Act, grandparents are not given automatic rights to see their grandchildren. Parental decision-making is strongly protected in Ontario, and courts respect a fit parent's choices about who spends time with their child.

That said, the CLRA explicitly allows anyone with a "settled interest" in a child's welfare to bring a court application. Grandparents who have had a meaningful, ongoing relationship with a grandchild almost always qualify.

The central test is always: what is in the best interests of the child? Courts weigh a long list of factors including:

• The nature and history of the relationship between the grandparent and the child
• Whether the child has lived with the grandparent
• The child's views and preferences (given weight according to age and maturity)
• The emotional ties between the child and the grandparent
• The impact that granting or denying contact would have on the child
• Whether the grandparent has a history of family violence or abuse

Contact vs. Parenting Time: What Is the Difference?

These two terms have distinct legal meanings under Ontario's updated family law language:

• Parenting time refers to time a child spends in the care of a person who has parental responsibilities — traditionally called "custody." A grandparent can be granted parenting time if they are recognized as having a parental or primary caregiver role.
• Contact is the term used for a meaningful relationship that does not involve primary care — visits, phone calls, video chats, letters. Most grandparent applications seek contact rather than parenting time.

For most grandparents, a contact order is the realistic goal. It preserves the bond without displacing the parents' authority.

When Are Courts More Likely to Grant Grandparent Contact?

There is no guaranteed outcome in any family law application, but courts have been more sympathetic to grandparent contact where:

The Grandparent Was a Primary Caregiver

If a grandchild lived with you for a significant period — while a parent was ill, incarcerated, or struggling — courts recognize the depth of that bond.

The Child Wants Contact

Older children's expressed wishes carry real weight. A teenager who wants to see their grandparent will be heard.

The Cut-Off Was Sudden and Unexplained

If a fit parent abruptly stopped contact without providing a credible reason, a court may look more carefully at whether cutting off the grandparent truly serves the child.

Both Parents Are Deceased or Unavailable

When a child loses one or both parents, grandparents often become the primary emotional anchor. Courts are particularly attentive to the child's need for continuity in this scenario.

What to Expect From the Process

Step 1: Attempt to Resolve It First

Courts strongly prefer that families resolve these disputes without litigation. A parenting coordinator, mediator, or even a carefully written letter through a lawyer can sometimes re-open communication.

Step 2: File a Court Application

If resolution fails, a grandparent files a court application under the Children's Law Reform Act. You will need to serve the parents and attend a case conference before a judge.

Step 3: The Case Conference

A judge meets with both sides to try to settle the case. Many applications resolve here with a consent order — an agreed schedule of calls, visits, or video chats.

Step 4: A Motion or Trial (If Needed)

If no agreement is reached, the matter can proceed to a motion (for interim orders) and ultimately a trial. Full trials are expensive and slow — most families find a solution before reaching that stage.

Practical Tips Before You Apply

• Keep a record (dates, activities) of your past involvement in the grandchild's life — this evidence matters.
• Avoid speaking negatively about the parents to the child or in any written communication.
• Be prepared to show the court what kind of contact you are seeking: specific days, video calls, holidays.
• If the child is old enough, their views may be expressed through a Voice of the Child report prepared by a professional — not through you.

Frequently asked questions