Grandparents' Rights in Ontario

For grandparents, being cut off from their grandchildren following a family breakdown is one of the most devastating consequences of a separation or family dispute. Whether contact has been disrupted by a parent’s separation, a family conflict, a parent’s death, or the actions of a new partner, Ontario law recognizes that grandparent-grandchild relationships have independent value — and provides legal avenues to protect and restore them.

At Soica & Associates, our family lawyers help grandparents navigate the legal process with sensitivity, strategic clarity, and a genuine focus on what serves the child’s best interests. We have experience with mediations and court motions involved grandparents seeking access to grandchildren.

Do Grandparents Have Legal Rights in Ontario?

Grandparents in Ontario do not have automatic legal rights to contact or parenting time with their grandchildren. However, they have the right to apply to a court for a contact order — and courts have consistently recognized that maintaining meaningful relationships with grandparents is generally in a child’s best interests, which supports many successful applications.

The legal basis for grandparent contact applications in Ontario comes from two sources:

• The Children’s Law Reform Act (CLRA). Section 21 of the CLRA allows any person — including a grandparent — to apply to the court for an order respecting decision-making responsibility, parenting time, or contact with a child. This is the primary legislative pathway for grandparent contact applications in Ontario.
• The Divorce Act. Where the child’s parents are divorcing or have divorced under the federal Divorce Act, a grandparent can apply under that legislation for contact with the child.

In both cases, the court’s analysis is anchored entirely in the best interests of the child — not the rights or preferences of the grandparent. Courts do not approach these applications as an enforcement of a grandparent’s entitlement; rather, they ask whether contact with the grandparent serves the child’s interests. This is an important framing to keep in mind when building a grandparent contact application.

How Courts Decide Grandparent Contact Applications

When a grandparent applies for a contact order, the court assesses all relevant factors bearing on the child’s best interests. The factors given most weight in grandparent contact cases typically include:

• Nature and history of the grandparent-grandchild relationship. Courts give the greatest weight to established, ongoing relationships. A grandparent who has been actively and consistently involved in a child’s life — providing childcare, attending school events, sharing regular meals — has a significantly stronger position than one who has had limited contact. Evidence of the relationship’s history and quality is the most important part of any grandparent application.
• The child’s own views and preferences. Depending on the child’s age and maturity, their expressed wishes about seeing or not seeing a grandparent may be given significant weight.
• Impact on the child’s relationship with their parents. Courts are reluctant to make orders that create or escalate conflict in the child’s life or that undermine the child’s relationship with their primary caregivers. A grandparent whose contact would create ongoing conflict between the parents and grandparent, to the detriment of the child, faces a harder argument.
• The reason contact was disrupted. Courts examine why the relationship broke down — whether it was a result of a parental dispute unrelated to the grandparent, a specific incident involving the grandparent, or ongoing acrimony. Where contact was disrupted purely because of conflict between parents rather than anything the grandparent did, courts are more sympathetic.
• Any history of family violence or abuse. As in all children’s matters, any relevant safety concerns are assessed.

Can a Grandparent Get Custody of a Grandchild in Ontario?

Yes — in certain circumstances. Under the Children’s Law Reform Act, a grandparent can apply for decision-making responsibility (formerly called custody) with respect to a grandchild. These cases typically arise where:

• Both parents are unable or unwilling to provide appropriate care
• One parent is deceased and the surviving parent is unable to provide safe and adequate care
• The child has been living with the grandparent for a significant period and the arrangement has become the child’s established home
• Child protection concerns make parental care unsuitable and the grandparent is the most appropriate alternative caregiver

Grandparent decision-making applications are assessed using the same best interests framework as parental cases. Courts will look at the existing relationship, the grandparent’s ability to meet all of the child’s needs, the views of the parents (where appropriate), and the child’s own views. These applications are complex, emotionally difficult, and often proceed alongside or after child protection proceedings. Early legal advice is strongly recommended.

Practical Steps When You Are Being Denied Access

If you are a grandparent being denied contact with your grandchild, these practical steps can strengthen both your legal position and your prospects of resolving the situation:

• Document your relationship. Gather photographs, messages, records of activities shared together, and any other evidence of the history and quality of your relationship with your grandchild. Courts respond to concrete, documented evidence of an established and meaningful bond.
• Attempt communication first. In many cases, a respectful approach to the parents — possibly through a family mediator — can resolve the situation without litigation. Courts view good-faith attempts at resolution favourably, and judges are reluctant to hear contested grandparent applications where no attempt at communication was made.
• Consider mediation. Grandparent contact disputes are particularly well-suited to mediation — a structured, confidential process where a neutral facilitator helps all parties reach an arrangement. Mediation preserves relationships better than litigation and typically produces faster, more durable outcomes.
• Seek legal advice before filing. A lawyer can assess the strength of your application, advise on how to frame it in terms of the child’s best interests, and help you avoid common procedural and strategic mistakes that can undermine otherwise strong applications.

The Court Process for Grandparent Applications

If a contact application proceeds to court, the typical process involves:

• Filing the application. An application is filed with the Ontario Court of Justice or Superior Court of Justice, depending on the circumstances and whether divorce proceedings are ongoing.
• Case conference. A mandatory meeting with a judge to identify the issues, explore settlement, and plan the proceeding if it cannot be resolved.
• Possible assessments. In contested cases, the court may order a voice of the child report (for older children) or a full custody/access assessment to assist the court in understanding the child’s circumstances and needs.
• Motion or trial. If the matter cannot be resolved at earlier stages, a hearing before a judge will determine the outcome. Evidence is presented through affidavits and, at trial, through viva voce testimony.

Costs and Timelines

Mediated resolution of grandparent contact: Often achieved in 2–4 months.

Negotiated agreement through lawyers: 2–6 months depending on parties’ responsiveness.

Contested court application: 12 months to 2+ years depending on complexity and whether a formal assessment is ordered.

Legal costs: Mediated/negotiated: $8,000–$15,000. Contested litigation: $20,000–$60,000+.

→ Early, good-faith communication and mediation almost always produce better and faster outcomes than court litigation.