September 30, 2025
The bond between a grandparent and a grandchild is special. For many, it's a relationship filled with love, wisdom, and cherished memories. However, when family dynamics shift due to separation, divorce, or other disputes, grandparents can find themselves uncertain about their role and their ability to see their grandchildren. This often leads to a pressing question: do grandparents have legal visitation rights in Ontario? While the law prioritizes the rights of parents, it also recognizes the significant role grandparents can play in a child's life. This post will explore the legal framework for grandparents' rights in Ontario, explain the court's approach to these matters, and offer practical steps for those seeking to maintain their precious family connections. Understanding Legal Terminology: Custody vs. Access Before diving into grandparents' rights, it's important to understand the legal terms used in Ontario family law. The terms "custody" and "access" from the federal Divorce Act have been updated in Ontario's Children's Law Reform Act (CLRA). ● Decision-Making Responsibility: This replaces "custody" and refers to the right to make significant decisions about a child’s upbringing, including their health, education, and religious instruction. ● Parenting Time: This term replaces "access" for parents and describes the time a child spends in a parent's care. ● Contact: This is the key term for non-parents, including grandparents. A contact order grants a person time with a child. It does not give them the rights and responsibilities of a parent. For grandparents, the legal goal is typically to secure a contact order, which legally outlines their time with their grandchildren. The Legal Basis for Grandparents’ Rights in Ontario In Ontario, grandparents do not have an automatic or guaranteed right to see their grandchildren. Unlike parents, their rights are not presumed. However, the law provides a pathway for them to seek a court order for contact. The primary piece of legislation governing this is Ontario's Children's Law Reform Act. Section 21 of the CLRA states that "a parent of a child or any other person... may apply to a court for an order respecting decision-making responsibility for or contact with the child." The phrase "any other person" is significant because it explicitly includes grandparents. This means you have the legal standing to bring an application to the court for a contact order. The Best Interests of the Child: The Court's Top Priority When a grandparent applies for a contact order, the court’s decision will be based entirely on one guiding principle: the best interests of the child. The judge will not focus on the grandparent's desires or the parents' wishes, but rather on what arrangement best supports the child's physical, emotional, and psychological well-being. To determine the child’s best interests, the court considers several factors outlined in the CLRA, including: ● The love, affection, and emotional ties between the child and the person applying for contact. ● The child’s views and preferences, if they can be reasonably ascertained. ● The length of time the child has lived in a stable home environment. ● The ability and willingness of the applicant to provide the child with guidance, education, and the necessities of life. ● Any history of family violence or criminal conduct. ● The relationship between the applicant and the child’s parents. A judge will carefully weigh these factors to decide if maintaining the relationship with the grandparent is beneficial for the child. What Does the Court Look for in Grandparent Contact Cases? Simply being a grandparent is not enough to secure a contact order. You must demonstrate to the court that a continued relationship is in your grandchild’s best interests. Courts are generally more likely to grant a contact order if: 1. A Strong Pre-Existing Bond Exists: If you have been a consistent and positive presence in your grandchild’s life, a court will be more inclined to preserve that relationship. Evidence of frequent visits, shared activities, and a close emotional connection is very persuasive. 2. The Parental Objection is Unreasonable: The court respects the right of parents to make decisions for their children. However, if a parent is denying contact for reasons that seem unreasonable or contrary to the child’s well-being (for example, due to a personal conflict with you that doesn’t involve the child), a judge may intervene. 3. The Contact Will Not Disrupt the Child's Life: The court is careful not to undermine the parents' authority or create conflict in the child’s home. Your proposed contact plan should be reasonable and not interfere with the child's daily routines, schooling, or parental schedules. A landmark case, Chapman v. Chapman, established that courts should be cautious about interfering with a parent's decision-making unless the parent's choice is shown to be harmful to the child. The decision to deny contact must be contrary to the child's best interests for a court to step in. Practical Steps for Grandparents Seeking Contact Navigating a family law dispute is emotionally taxing. If you find yourself in this difficult situation, here are some practical steps to consider. 1. Try to Communicate First Before resorting to legal action, try to resolve the issue directly with the parents if possible. Open, respectful communication can sometimes mend fences and lead to an informal agreement. Focus your discussion on the child's needs and the benefits of your relationship with them. 2. Consider Mediation If direct communication fails, mediation can be an effective next step. A neutral third-party mediator can help facilitate a conversation between you and the parents in a structured, non-confrontational environment. The goal is to reach a mutually acceptable agreement without the stress and cost of going to court. 3. Document Everything Keep a detailed record of your relationship with your grandchild. Log your past involvement, including dates of visits, phone calls, gifts, and special events you attended. Also, document your attempts to communicate with the parents and their responses. This information can be valuable evidence if you need to proceed with a court application. 4. Seek Legal Advice Family law is complex, and the outcome of a contact application depends heavily on the specific facts of your case. Consulting with a family lawyer is crucial. A lawyer can assess the strength of your case, explain your legal options, and guide you through the process. An experienced lawyer can help you prepare your court application, gather necessary evidence, and represent your interests effectively. For professional guidance on matters of grandparent contact and other family law issues in Ontario, you can reach out to Janet Lee at Grant Lee Law. Her expertise can provide the clarity and support you need to navigate this challenging journey. While grandparents do not have an automatic right to see their grandchildren, the law provides a clear path for them to seek contact through the courts. The success of such an application hinges on demonstrating that a continued relationship is truly in the child's best interests. The court will always prioritize the child’s well-being over the wishes of the adults involved. If you are a grandparent being denied time with your grandchild, remember that you have options. By focusing on the child, documenting your relationship, and seeking professional legal advice, you can take steps to preserve that invaluable family bond for years to come.
