When it comes to grandparents and visitation rights, separation or divorce can bring unexpected challenges. It’s not just the parents and children who are affected. Grandparents, who may have been a steady and loving presence in a child’s life, can suddenly find themselves cut off. For many, this loss is heartbreaking. They’ve often provided emotional support, care, and stability, and in some cases, have helped raise the child. So what happens when that important relationship is disrupted by family conflict?
Grandparents’ Visitation Rights and the Law in Ontario
In Ontario, the right for a grandparent to seek contact with a child depends on the legal status of the parents, whether they are married, separated, or divorced.
- If the parents are not married, the Children’s Law Reform Act (CLRA) applies.
- If the parents are divorced or in the process of divorcing, the Divorce Act applies.
Grandparents’ Contact With a Child Under the Children’s Law Reform Act (CLRA)
For many years, grandparents didn’t have a clear path to ask for contact with their grandchildren under Ontario law. That changed with Bill 34, which amended the CLRA to say that a parent or any other person, including grandparents, may apply to the court for custody or contact.
But this does not mean grandparents automatically have a right to visit their grandchildren. The court must still decide whether granting contact is in the child’s best interests. This means that just wanting a relationship isn’t enough; the court will look at the full picture.
Some of the key things the court considers include:
- The child’s age, needs, and stage of development
- The strength of the child’s relationship with their grandparents
- The history of care (for example, if the grandparent helped raise the child)
- The grandparents’ ability to meet the child’s needs
- The child’s own preferences (depending on their age and maturity)
- The ability of everyone involved to communicate and cooperate
- Any history of family violence or conflict
Courts generally prefer to support the decisions made by parents. But if a grandparent can show that they’ve had a meaningful relationship with the child that has been harmed or unfairly cut off, they may be granted contact with their grandchildren.
Grandparents’ Visitation Rights Under the Divorce Act
If the child’s parents are divorced or divorcing, the Divorce Act applies. This law also allows non-parents—including grandparents—to ask the court for custody or contact with a child.
Grandparents must first get permission from the court before moving ahead with their application. This is called “leave of the court,” and it acts as a filter to prevent unnecessary legal battles. To be granted this permission, grandparents must usually show that they already have a meaningful relationship with the child and that they’re not just trying to start one for the first time through the courts.
Similar to the CLRA, the guiding principle of the courts is in the best interests of the child. The court will look at many of the same factors as under the CLRA, including:
- The child’s need for stability
- The quality of their relationship with each parent and grandparent
- The history of care
- The child’s views and preferences
- Cultural or spiritual considerations
- Any history of family violence or safety concerns
One key thing to understand is that the court sees visitation as a right of the child, not the grandparent. That means a grandparent’s desire to visit isn’t enough on its own; the court must be convinced that contact with the grandparent is good for the child.
Can a Parent Refuse Grandparent Visits?
Yes, parents can refuse grandparent visits if they believe it is not in the child’s best interests. However, if a grandparent believes the refusal is unfair or harmful to the child, they can ask the court to intervene.
In some cases, the court may find that a parent has acted unreasonably—out of anger, spite, or control—and that the grandparent-child relationship should be protected.
Mediation May Be The Right Solution For Grandparents and Visitation Rights
Legal battles over grandparents’ contact with a child can be stressful for everyone involved, especially the children. If there’s a breakdown in the relationship between parents and grandparents, mediation can be a helpful tool.
Mediation offers a way for families to come together and try to reach a solution that works for everyone, without going to court. This can be especially effective when all parties want what’s best for the child but are struggling to agree on how to move forward.
Do You Want To Learn More About Grandparents and Visitation Rights? Call Us, We’ll Help You Move Forward
Grandparents can play an incredibly positive role in a child’s life. While Ontario law doesn’t automatically grant grandparents contact after a separation or divorce, it does give them a path to ask for visitation rights.
If you’re a grandparent who has been cut off from your grandchild, or a parent unsure of how to handle grandparent involvement after separation, speaking with one of our family lawyers at Scarff Nyland Chambers LLP can help you understand your rights, the law, and the best options for protecting the child’s well-being.
Reach out to schedule a consultation, or give us a call at 1-866-721-5851, and get clarity on your next steps, whether you’re in Barrie, Collingwood, Wasaga or the GTA.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.
