Grandparent Rights in Canada: Can Grandparents Get Parenting Time?

When parents separate, grandparents sometimes find themselves cut off from their grandchildren. This can happen for many reasons: a parent moves away, family conflict escalates, or one parent simply stops allowing visits. Canadian law recognizes that grandparents can play an important role in children's lives, and in some circumstances, courts can order that grandparents have contact with their grandchildren even over a parent's objection.

This guide covers grandparent rights across Canada, how to apply for a contact order, what courts consider, and practical steps you can take. For more about how parenting arrangements work generally, see our guide to divorce with children and our parenting plan guide.

Do Grandparents Have Legal Rights in Canada?

There is no automatic right for grandparents to see their grandchildren in Canada. Unlike parents, who have inherent rights to parenting time, grandparents must apply to the court for a contact order. However, both the federal Divorce Act and most provincial family law statutes provide a legal pathway for grandparents to seek contact.

Under section 16.5 of the Divorce Act, a person who isn't a spouse, such as a grandparent, can apply for a contact order, but they need the court's permission (called leave) to apply (Divorce Act, section 16.5). A contact order is different from a parenting time order. It provides for time with the child but does not include decision making responsibility. This means a grandparent with a contact order can spend time with the grandchild, but they don't have authority to make decisions about the child's education, health care, or other major matters.

How to Apply for a Contact Order

Grandparents can apply for contact through the federal Divorce Act (if the parents are divorcing) or through provincial legislation (regardless of whether the parents were married). The requirements and procedures vary by province.

In most provinces outside Quebec, grandparents may also need to obtain leave (permission) from the court before filing their application. This is a preliminary step designed to screen out applications that have no reasonable chance of success. The leave requirement varies by province, so check with a local family lawyer.

What Courts Consider

The central question in every grandparent contact application is whether contact is in the child's best interests. Courts don't start with a presumption that grandparent contact is beneficial; the grandparent must demonstrate it.

Courts give significant weight to the parents' views. A parent's decision to limit grandparent contact is not taken lightly, and courts recognize that parents generally know what's best for their children. However, a parent's objection is not an absolute veto, particularly when the grandparent has had a meaningful, established relationship with the child.

When Courts Deny Grandparent Contact

Not every grandparent application succeeds. Courts have denied contact in several recurring situations:

Undermining the Parents

If a grandparent has a history of undermining the parent's authority, criticizing the parent in front of the child, or attempting to turn the child against the parent, courts will view the application negatively. Grandparents who can't respect boundaries are unlikely to be granted contact.

History of Abuse or Neglect

Any history of abuse or neglect by the grandparent, whether directed at the child or at the parent, will weigh heavily against the application. This includes physical, emotional, and financial abuse.

Acting as a Proxy

Courts are particularly wary of grandparents who seek contact as a way to maintain a connection for the other parent. If your adult child (the parent) has limited or no parenting time, the court may suspect that your application is really about giving your child indirect access to the grandchild.

The Child Doesn't Want Contact

If the child is old enough to express a view and doesn't want contact with the grandparent, courts will take this seriously. The weight given to the child's wishes increases with their age and maturity.

Grandparents as Primary Caregivers

In some situations, grandparents may need to step in as primary caregivers for their grandchildren. This typically arises when both parents are unable or unwilling to care for the child due to substance abuse, mental health issues, incarceration, or involvement by child protection services.

Grandparents in this situation can apply for parenting time or even decision making responsibility through the courts. If child protection is involved, the grandparent may also be considered for kinship care, which is a formal arrangement where a relative cares for the child with the support and oversight of the child welfare agency. Kinship care options and financial support vary significantly by province.

If you're a grandparent considering taking on primary caregiving responsibilities, it's important to get legal advice about guardianship, financial support programs, and your rights and obligations. The process can be complex, and the legal framework differs depending on whether you're proceeding through family court or through the child welfare system.

Practical Steps for Grandparents

If direct communication and mediation haven't worked, here are steps to prepare for a court application:

It's also worth considering the broader family dynamics. Court proceedings can deepen divisions and make eventual reconciliation harder. If there's any possibility of resolving the situation without court intervention, that path is almost always better for the child and for the long-term family relationship.

Resources and Next Steps

If you're a grandparent who has been cut off from your grandchildren, a family lawyer can help you understand your options and the likelihood of success in your specific situation. The law varies by province, and the facts of each case are different.

Browse family lawyers across Canada to find a lawyer who can help you maintain your relationship with your grandchildren.

This content is for informational purposes only and does not constitute legal advice. Laws vary by province and individual circumstances. Consult a qualified family lawyer for advice specific to your situation.