Legal Rights of Grandparents in Divorce Proceedings
Understanding Grandparents’ Rights in Ontario
In Ontario, grandparents can play an important role in a child’s life, and family law recognises that this relationship can be vital to a child’s well-being. Under the Ontario Children’s Law Reform Act (CLRA), grandparents do not have automatic rights to custody or access, but they can apply to the court for these arrangements when it is in the best interests of the child. This means that during or after a divorce proceeding, grandparents have a legal avenue to request access if their relationship with the child is being limited or denied.
Ontario’s family courts acknowledge the significance of the child–grandparent bond, especially in situations where grandparents have been consistent caregivers, sources of emotional support, or providers of stability during family transitions. Courts will carefully assess whether maintaining contact supports the child’s emotional, psychological, and social development.
Grandparents and Divorce Proceedings
Divorce can significantly impact a grandparent’s ability to maintain a close relationship with their grandchildren. While some parents continue to encourage contact, in other cases—particularly where there is family tension—access may be reduced or cut off entirely. These changes often occur when one parent limits or refuses contact due to personal conflict, relocation, or a breakdown in family communication.
In circumstances where informal arrangements are no longer possible, grandparents may need to seek court-ordered access under the Ontario Children’s Law Reform Act. This is often necessary when they have been an important part of the child’s life but are suddenly excluded due to parental disputes.
Grandparents can also play a stabilising role in high-conflict or estranged family situations. Courts in Ontario recognise this supportive role and may consider it when determining whether grandparent access should be maintained or expanded during and after divorce proceedings.
Legal Options for Grandparents in Ontario
Grandparents in Ontario have several legal avenues to preserve or restore their relationship with grandchildren during or after divorce proceedings. Under the Ontario Children’s Law Reform Act (CLRA), they may apply for a contact order (formerly known as access) when informal arrangements are not possible.
In exceptional cases, grandparents can also seek custody of a grandchild—particularly when both parents are unable or unfit to care for the child due to issues such as neglect, abuse, mental health challenges, or substance abuse. In such cases, grandparents must demonstrate to the court that granting them custody will provide the child with a safe, stable, and nurturing environment.
Not all disputes need to go to court. Mediation and collaborative family law offer less adversarial ways to resolve access or custody matters. Mediation, in particular, can be cost-effective, faster than litigation, and less emotionally stressful for everyone involved.
Factors Courts Consider When Deciding Grandparent Access
When grandparents in Ontario apply for contact or custody, the court evaluates the request using the best interests of the child test set out in the Children’s Law Reform Act. Judges examine several factors to determine whether granting access will support the child’s overall well-being.
One of the most important considerations is the strength and history of the existing relationship. Courts look at how involved the grandparents have been in the child’s life—whether they have provided regular care, emotional support, or a stable presence. A long-standing and positive relationship increases the likelihood of access being granted.
The wishes of the child may also be considered, especially if the child is mature enough to express their views. While these wishes are not the sole deciding factor, they can carry significant weight in court decisions.
Another key factor is the impact of access on the child’s stability and well-being. The court will assess whether regular contact will provide comfort, security, and continuity, or if it might cause disruption during a sensitive period such as a divorce.
Finally, judges take into account any evidence of family conflict or safety concerns. If there are issues such as ongoing parental disputes, a history of violence, or situations that could expose the child to emotional harm, these will influence the decision.
Challenges Grandparents Face in Divorce Proceedings
While Ontario law recognises the potential importance of the grandparent–grandchild relationship, pursuing legal rights during divorce proceedings is not without obstacles.
A common challenge is parental opposition to access. In many cases, one or both parents may resist grandparent involvement due to strained relationships, past conflicts, or differing parenting philosophies. This opposition can make informal arrangements impossible, forcing grandparents to seek court intervention.
Another difficulty is limited standing without a direct caregiving history. Courts are more inclined to grant access when grandparents have played a significant, consistent role in the child’s upbringing. Those who have had only occasional contact may face a higher burden of proving that access is in the child’s best interests.
When Grandparents Seek Custody in Ontario
In Ontario, grandparents may seek custody of a grandchild in situations where the child’s parents are unable or unfit to provide proper care. In these circumstances, grandparents can step in to provide a safe, stable, and nurturing environment for the child.
The legal process begins with filing an application under the Children’s Law Reform Act or the Child, Youth and Family Services Act if child protection concerns are involved. The court will require proof that granting custody is in the best interests of the child, with the child’s safety and well-being being the top priority.
Judges must also consider balancing the child’s safety with maintaining family connections. In some cases, even if custody is granted to grandparents, courts may still encourage safe and supervised contact with the parents to preserve the child’s broader family relationships—provided it does not compromise their safety or stability.
