Raising a Grandchild in Ontario: How to Get Legal Authority

You stepped up when your grandchild needed you — maybe because a parent is struggling with addiction, mental illness, incarceration, or another crisis. You are now the person who takes this child to school, attends their appointments, and tucks them in at night. But without a court order or legal document in place, institutions may question your authority at every turn: schools may refuse to update your emergency contact status, hospitals may hesitate before sharing information, and passport offices will not issue travel documents without a legal guardian's signature.

This guide explains the practical steps grandparents in Ontario can take to get legal authority to raise a grandchild — and why that paperwork protects everyone, especially the child.

Why Informal Arrangements Are Not Enough

Many grandparents begin caring for a grandchild on an informal basis — the parent drops the child off, things stabilize (or don't), and months pass. In the short term this can work, but informal care has real risks:

• A parent can take the child back at any time, even abruptly and even into an unsafe situation
• Schools may not recognize you as authorized to enrol the child or access records
• Medical providers may question consent decisions in non-emergency situations
• Government benefits tied to caring for a child (where available) may require a formal status
• Travel with the child may be difficult without legal documentation

Formalizing your role through a court order or agreement protects the child's stability and gives you the authority you need to function as a parent.

Option 1: A Written Authorization From the Parent

The fastest and simplest route — if the parent is cooperative — is a written authorization. Under Ontario's Children's Law Reform Act (CLRA), a parent can authorize another person (including a grandparent) to make decisions for the child during a period of absence.

This is not a court order. It does not transfer parental rights. But it can be useful for:

• School enrolment and communication
• Medical appointments and consent to routine treatment
• Registering the child for programs and activities

Limitation: A written authorization can be revoked by the parent at any time. It is not suitable for situations where the parent's involvement is harmful or unreliable.

Option 2: A Court Order Under the Children's Law Reform Act

A formal court order is the gold standard. It gives you legal standing that institutions recognize and that the parent cannot simply revoke.

What Type of Order Do You Need?

The right order depends on your situation:

For grandparents raising a grandchild, decision-making responsibility is usually the goal.

Applying for the Order

You file an application at the family court nearest to where the child lives. The application must include an affidavit explaining:

• How the child came to be in your care
• What the parents' current situation is
• Why you seek decision-making responsibility
• What arrangement you believe serves the child's best interests

Both parents must be served with the application and given the opportunity to respond.

Temporary (Interim) Orders

If the matter is urgent — for example, the child needs medical care and no one has authority to consent — you can bring a motion for an urgent interim order without waiting for the full process to unfold. Courts take these situations seriously and can act quickly.

Option 3: Kinship Placement Through Children's Aid

If a Children's Aid Society (CAS) is already involved, they may place the child with you as a kinship caregiver. This is a formal placement arrangement where CAS maintains some oversight, but the child lives with you.

A kinship placement is not the same as having a court order yourself. CAS retains authority and can make decisions about the child's care. However, kinship placements can transition over time — if CAS applies to the court for a permanent order and you are the proposed caregiver, you may be named in the resulting order.

If a CAS placement is underway, ask about the path from temporary placement to a more permanent legal arrangement.

Option 4: Adoption

If the parents have consented (or their parental rights have been permanently terminated), adoption is an option that gives you all the rights and responsibilities of a legal parent — permanently. The child also acquires inheritance rights automatically.

Adoption through private arrangements involving grandparents requires court approval and legal assistance. It is a significant legal step that should not be undertaken without careful advice.

Practical Steps to Take Right Away

Even before a court order is in place, take these steps to protect the child in your care:

1. Get a letter from the parent (if possible) stating that the child is in your care and authorizing you to make decisions. Have it notarized.
2. Register the child at school under your address and request to be listed as the primary contact.
3. Contact OHIP about transferring the child's health card to your address and ensuring they are covered.
4. Document your caregiving — keep a journal, save receipts, photograph important moments. This evidence matters if you eventually go to court.
5. Speak to a lawyer early — the earlier you get legal advice, the more options you will have.

Financial Support for Grandparents Raising Grandchildren

Ontario and the federal government offer some financial supports for grandparents in caregiving roles — including certain tax credits, child benefit payments, and kinship support allowances (in some circumstances). These programs change; verify current availability and eligibility with a tax professional, ServiceOntario, or a legal clinic.

Frequently asked questions