Grandparents’ Rights to Contact with Grandchildren in Ontario

Grandparents are often a source of stability, love, and support in a child’s life. In some cases, they take on significant caregiving responsibilities. But when family dynamics shift, due to divorce, estrangement, or other challenges, grandparents may find themselves cut off from their grandchildren. What legal rights do they have in Ontario?

Under Ontario law, grandparents do not have automatic rights to contact with their grandchildren. However, they may apply to the court for a contact order under the Children’s Law Reform Act (CLRA) or, if the parents were married, under the Divorce Act. These statutes allow any person to apply for a contact order, including grandparents.

Amendments to the CLRA in 2016 clarified that grandparents are specifically included among those who may bring such applications, but the legislation is not limited to them. Under the Divorce Act, grandparents must obtain “leave” (permission) from the court to apply for a contact order.

Ontario courts apply a two-part test when determining whether to grant grandparent contact with a child:

1. Parental Deference: Parents have the right to independently raise their children and make decisions about whom their children see, how often, and under what circumstances. The court first considers whether it should defer to the parent’s decisions to deny contact. This involves examining whether a positive grandparent-grandchild relationship exists, whether the parent’s decision jeopardizes that relationship, and whether the parent’s decision was arbitrary.
2. Best Interests of the Child: If the court determines that parental deference is not warranted, it then assesses whether granting access is in the child’s best interests. Relevant factors include, but are not limited to:

• The nature and strength of the grandparent-child relationship;
• The child’s emotional and developmental needs;
• The grandparent’s ability to meet those needs;
• The views and preferences of the child (considering age and maturity); and
• The level of conflict between the grandparent and the parents.

Courts have repeatedly affirmed that children benefit from loving relationships with their grandparents. If a grandparent has been a consistent presence in the child’s life or has stepped in as a caregiver, this can weigh heavily in their favour. However, courts are mindful of the potential for increased family conflict and will weigh the impact of any order on the child’s well-being. 

At SV Law, we understand how emotionally charged these situations can be. If you're a grandparent seeking to maintain or establish a meaningful relationship with your grandchild, we can help you understand your rights and explore your legal options.

Contact our Family Law team today to schedule a confidential consultation with one of our experienced Ontario family lawyers.