- Grandparents in Ontario have no automatic legal right to contact with their grandchildren — but they do have the right to apply to the court for one.
- Under the Children's Law Reform Act, any person other than a parent, including a grandparent, may apply for a contact order with a child.
- “Contact” is legally defined as time a child spends in the care of someone other than their parents, whether or not the person is physically with the child during that time.
- A 2016 amendment (Bill 34) explicitly confirmed grandparents can apply for a parenting order or contact order under the CLRA.
- Courts decide these applications based on the best interests of the child — the same core standard used in any parenting dispute, not a lower or different bar for grandparents.
- A strained relationship with a parent does not automatically defeat a grandparent's application, but it is a real factor a court will consider.
The Short Answer
Grandparents in Ontario do not have an automatic legal right to contact with their grandchildren — but they do have the legal right to apply to a court for a contact order under the Children's Law Reform Act. Whether that application succeeds depends on the same core standard used in any parenting dispute: the best interests of the child.
No Automatic Right — But a Right to Apply
This distinction surprises many grandparents. Being a grandparent does not, on its own, create an enforceable legal right to see a grandchild. What it does create is standing — the legal ability — to bring the issue before a court, which will then decide based on the child's specific circumstances.
What Is a Contact Order?
A contact order is a court order allowing a person other than a parent to spend time with, or otherwise have contact with, a child. The Children's Law Reform Act defines “contact” broadly as the time a child spends in the care of a person other than the child's parents, whether or not that person is physically with the child during that time — covering both in-person visits and other forms of ongoing connection.
Who Can Apply
Under section 21(3) of the Children's Law Reform Act, any person other than the parent of a child — including a grandparent — may apply to a court for a contact order. A 2016 amendment (Bill 34) further confirmed that grandparents can also apply for a parenting order, seeking decision-making responsibility or parenting time, in appropriate circumstances — a higher bar than a straightforward contact order, but a real option in the right case.
How Courts Decide: Best Interests of the Child
A grandparent's application is not decided on a lower or different standard than any other parenting-related application — the court applies the same best interests of the child test used throughout Ontario family law, considering factors such as:
- The existing relationship (or lack of one) between the grandparent and the child
- The child's own views and preferences, where appropriate to their age and maturity
- The impact that contact — or its absence — would have on the child's overall wellbeing
- Any safety, stability, or other concerns relevant to the specific family
See our guide on how child custody is decided in Ontario for the complete list of best-interests factors courts apply.
When a Parent Objects
Courts give real weight to a parent's decisions about who has contact with their child — this is a core principle of Canadian family law. However, a parent's objection alone does not automatically end a grandparent's application; the court independently assesses what is genuinely in the child's best interests, considering the parent's reasons alongside all other relevant evidence.
Practical Steps Before Applying to Court
- Try direct communication first, where safe and reasonable to do so.
- Consider family mediation as a lower-conflict alternative to a court application.
- Document your relationship with the grandchild and any efforts to maintain contact.
- Get legal advice early to understand your realistic prospects before committing to a court process.
Common Mistakes
Grandparents must actively apply for contact — it is not granted automatically simply based on the family relationship.
Courts often look favourably on parties who made a genuine effort to resolve things cooperatively first, before resorting to litigation.
Evidence of an existing, meaningful relationship strengthens an application significantly.
Courts decide based on what serves the child, not on resolving adult family conflict — keep your case focused accordingly.
Seeking legal contact with your grandchildren? Call our Toronto family lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
Not an automatic one. Grandparents do not have a built-in legal right to contact with their grandchildren simply by virtue of being a grandparent. However, under the Children's Law Reform Act, they do have the right to apply to a court for a contact order.
A contact order is a court order that allows a person other than a parent — including a grandparent — to spend time with a child, or otherwise have contact with them, on terms set by the court. It is legally distinct from a parenting order, which deals with decision-making responsibility and parenting time for parents.
Under section 21(3) of the Children's Law Reform Act, any person other than the parent of a child — including a grandparent — may apply to a court for a contact order regarding that child.
Courts apply the same core standard used in any parenting dispute: the best interests of the child. This includes considering the existing relationship between the grandparent and child, the child's views where appropriate, and the impact contact would have on the child's overall wellbeing and stability.
Yes, a parent's wishes are a relevant factor, and courts generally give significant weight to parental decision-making. However, a parent's objection alone does not automatically defeat a grandparent's application — the court still independently assesses what is in the child's best interests.
In some circumstances, yes. The 2016 amendments to the Children's Law Reform Act confirmed grandparents can apply not only for contact orders but also for parenting orders involving decision-making responsibility or parenting time, in appropriate circumstances — though this is a higher bar than a straightforward contact order.
This history is a relevant factor a court may consider, but it does not automatically disqualify a grandparent from seeking contact — the focus remains on what serves the specific child's best interests going forward, not simply on family conflict between the adults.
Generally, yes — attempting direct communication, family mediation, or other cooperative approaches before resorting to a court application is usually advisable, both because it preserves family relationships better and because courts often look favourably on parties who made a genuine effort to resolve things cooperatively first.
Not automatically, but the circumstances are relevant to a best-interests analysis, and courts often place significant weight on maintaining a grandchild's connection to their deceased parent's side of the family where that relationship is meaningful and healthy for the child.
Not strictly required, but strongly recommended. These applications involve navigating family court procedure and effectively presenting evidence about the child's best interests — an area where legal guidance can significantly improve your chances of a favourable outcome.