Do Grandparents Have Visitation Right?

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.

Why Separated or Divorced Parents Should Start Planning Summer Now

March 31, 2026
When you’re navigating separation or divorce with children, summer break can feel like both a gift and a logistical challenge. While the longer days and relaxed schedules are something kids look forward to, they also require thoughtful coordination between parents. That’s why spring is the perfect time to start planning ahead—before calendars fill up and conflicts arise. If you’re unsure where to begin, speaking with an experienced family law professional like Angela at Grant Lee Law can help you avoid common pitfalls and ensure your plans are in line with your legal agreements. 1. Avoid Last-Minute Conflicts Summer schedules can get complicated quickly. Camps, vacations, family events, and even work obligations all need to be considered. If both parents wait until June to start planning, it often leads to misunderstandings or disputes. By starting in the spring: ● You can align on vacation dates early ● Book camps or childcare before they fill up ● Ensure both parents have quality time with the children Planning ahead reduces stress—not just for you, but for your kids as well. 2. Stay Within Your Parenting Agreement Many separation agreements or court orders outline how parenting time is divided during holidays and summer months. However, these agreements can sometimes leave room for interpretation—or may no longer reflect your current situation. This is where guidance from someone like Angela at Grant Lee Law becomes invaluable. She can help you: ● Interpret your existing agreement ● Make adjustments if circumstances have changed ● Avoid unintentionally violating legal terms Being proactive now can prevent legal complications later. 3. Put Your Children First Summer should be a time for kids to relax, have fun, and make memories—not feel caught between parents. Early planning allows you to create a schedule that prioritizes their needs. Consider: ● Maintaining some consistency in routines ● Allowing time for friendships and activities ● Ensuring smooth transitions between households When both parents collaborate early, children benefit from a more stable and enjoyable summer . 4. Budget and Financial Planning Summer activities can be expensive—especially camps, travel, and childcare. Planning in advance gives you time to: ● Discuss how costs will be shared ● Budget for major expenses ● Avoid financial disagreements Clear communication now can prevent tension later, especially if finances are already a sensitive topic. 5. Flexibility Is Easier When You Start Early Even with the best intentions, plans can change. Work schedules shift, opportunities come up, and unexpected events happen. When you start planning in the spring, you leave room for flexibility. You’re more likely to: ● Accommodate each other’s requests ● Make adjustments without conflict ● Keep communication positive and cooperative Last-minute changes, on the other hand, often lead to stress and disagreement. 6. Reduce Stress for Everyone Let’s be honest—co-parenting isn’t always easy. But having a clear summer plan in place can significantly reduce anxiety for both parents. You’ll know: ● Where your children will be and when ● What activities are planned ● How responsibilities are divided That clarity creates peace of mind and helps you focus on enjoying the season rather than managing conflict. It may only be spring, but when it comes to co-parenting after separation or divorce, early planning is one of the best things you can do for your family. A well-organized summer benefits everyone—especially your children. If you’re facing uncertainty or need help navigating the legal side of things, reaching out to Angela at Grant Lee Law can provide clarity, guidance, and peace of mind. Starting now means fewer surprises later—and a smoother, more enjoyable summer for all involved.

Amicable Divorce Agreement

February 27, 2026
Reaching a divorce agreement doesn’t have to mean going to war. While emotions naturally run high during the end of a marriage, an amicable divorce is not only possible — it’s often healthier, faster, and far less expensive for everyone involved. At Grant Lee Law, we believe that respectful negotiation and thoughtful legal guidance can help couples move forward with dignity and clarity. Here’s how you can work toward an amicable divorce agreement. 1. Shift the Goal: Resolution, Not “Winning” Divorce is not about defeating your spouse — it’s about reaching a fair resolution that allows both parties to move forward. An amicable agreement focuses on: ● Fair division of assets and debts ● Practical parenting arrangements ● Financial stability for both parties ● Minimizing long-term conflict When both sides commit to cooperation, the process becomes more productive and less emotionally draining. 2. Communicate Clearly — and Calmly Open, respectful communication is the foundation of an amicable divorce. This doesn’t mean you have to agree on everything. It means you commit to: ● Listening without interrupting ● Avoiding personal attacks ● Focusing on solutions instead of past grievances If direct communication is difficult, your attorney can help facilitate productive discussions while keeping negotiations constructive. 3. Be Transparent About Finances Financial disputes are one of the most common sources of conflict in divorce. Full transparency about income, assets, debts, and expenses builds trust and prevents delays. Prepare documentation for: ● Bank accounts ● Retirement accounts ● Property and real estate ● Business interests ● Debts and liabilities Honesty early in the process prevents costly disputes later. 4. Put Children First If children are involved, their well-being should guide every decision. An amicable parenting agreement should prioritize: ● Stability and consistency ● Meaningful time with both parents ● Clear schedules and expectations ● Reduced exposure to conflict When parents focus on the best interests of their children rather than personal differences, long-term co-parenting becomes much easier. 5. Consider Mediation Mediation is often an effective way to resolve disputes without litigation. A neutral third party helps guide discussions and explore compromises. Benefits of mediation include: ● Lower legal costs ● Greater control over the outcome ● Faster resolution ● Reduced stress Many couples find mediation to be empowering because they craft their own agreement rather than leaving decisions to a judge. 6. Work With an Experienced Family Law Attorney Even in an amicable divorce, legal guidance is essential. An attorney ensures: ● Your rights are protected ● Agreements are legally sound ● Important details are not overlooked ● Court filings are handled properly At Grant Lee Law, we guide clients through respectful negotiation while protecting what matters most. Our approach focuses on practical solutions, efficient resolution, and reducing unnecessary conflict. 7. Stay Future-Focused Divorce marks the end of one chapter — not your entire story. When you approach negotiations with a long-term mindset, you’re more likely to reach solutions that truly serve your future. Ask yourself: ● What do I need to feel secure moving forward? ● What outcome will allow both of us to rebuild? ● How can we prevent ongoing conflict? An amicable divorce is an investment in peace — for you, your former spouse, and especially your children. Moving Forward with Confidence Reaching a divorce agreement amicably requires patience, cooperation, and skilled legal guidance. With the right support, it is entirely possible to protect your interests while maintaining respect and dignity throughout the process. If you’re considering divorce and want a smoother path forward, Grant Lee Law is here to help you navigate the process with clarity and confidence. Contact us today to learn how we can assist you in reaching a fair and amicable divorce agreement.

Property Division: What You Need to Know

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