Navigating Grandparents Rights in Ontario Family Law
Jan 28, 2025
Grandparents play an important role in a child’s life, providing love, comfort, and guidance. Unfortunately, in some cases, including when parents separate or divorce, this relationship may be disrupted due to family conflicts. To fully understand the options for grandparents’ rights in Ontario, the best places to look are the Children’s Law Reform Act (CLRA) and the Divorce Act.
In this post, we provide an overview of legal frameworks, giving you insights into grandparents’ rights in Ontario and tips on how to navigate this complex area of family law.
Understanding Grandparents Rights in Ontario under the CLRA
Historically, grandparents in Ontario lacked clear rights to have specified parenting time with their grandchildren. However, with the enactment of Bill 34, Section 21(1) of the CLRA, grandparents can now apply for specified time with or decision-making responsibility of their grandchildren.
Although this legislation acknowledges the important role grandparents play, it doesn’t always guarantee parenting time. It can be difficult and time will only be granted in specific circumstances, like when they’ve previously cared for the child. The best interests of the child remain the primary focus of the Court.
Key Factors Considered by the Court Under the CLRA
When evaluating a grandparent’s request for specified parenting time or decision-making responsibility, the Court considers the following:
- The Child’s Needs: These depend on their age and developmental stage, emphasizing stability and routine.
- Existing Relationships: The strength and nature of the child’s relationship with their grandparents.
- Parental Support: Each parent or grandparent’s willingness to foster the child’s relationship with the other parent/grandparents and extended family.
- History of Care: Past caregiving roles played by the grandparent.
- Child’s Preferences: Where applicable, the child’s views, based on maturity and age.
- Future Care Plans: The proposed arrangements for the child’s care.
- Willingness to Collaborate: The ability of involved parties to communicate and cooperate in the child’s best interests.
- Impact of Family Violence: Any history of violence and its effects on the child’s well-being.
- Relevant Legal Proceedings: Criminal or civil cases impacting the child’s safety or well-being.
- Cultural and Spiritual Considerations: The child’s heritage and upbringing are also evaluated.
Grandparents Rights Under the Divorce Act
When parents divorce, grandparents’ rights in Ontario are covered under the Divorce Act. Thanks to amendments made in 2020, non-spouses like grandparents can now apply for parenting orders. However, they must first get the Court’s permission (known as “leave”) before moving forward.
To succeed, grandparents need to show they already have a meaningful relationship with the child. This rule helps prevent applications aimed at starting a relationship rather than maintaining an existing one. As with the CLRA, the Court’s decisions are always based on what’s in the child’s best interests.
Best Interests of the Child Under the Divorce Act
The Divorce Act outlines specific factors similar to the CLRA, including:
- The child’s need for stability and emotional security.
- The strength of relationships with parents, siblings, and grandparents.
- The history of care provided by each party.
- The ability and willingness of all parties to meet the child’s needs and cooperate effectively.
- Cultural, linguistic, and spiritual considerations.
How to Apply for Grandparents’ Rights in Ontario
To pursue specific parenting time or decision-making responsibility, these are the next steps for grandparents:
- File an Application: Submit a request for a parenting order (CLRA) or contact order (Divorce Act).
- Prove Best Interests: Present evidence demonstrating how having specified parenting time or decision-making responsibility aligns with the child’s best interests.
- Consult a Family Lawyer: Navigating these legal processes can be complex. A skilled family lawyer can help build a compelling case.
Our team at Kelly D. Jordan Family Law can help you through the process, providing insights and the support you need.
Reasons Grandparents Can File for Decision-Making Responsibility
Grandparents seeking decision-making responsibility, formerly known as child custody, often do so in complex and emotionally charged circumstances. While visitation disputes are more common, situations may arise where grandparents believe their involvement is necessary to ensure the child’s well-being and safety.
Decision-making responsibility applications are typically considered when grandparents can demonstrate that living with them is in the child’s best interest.
Grandparents may seek decision-making responsibility in specific circumstances, such as:
- Family Violence: When a parent’s behaviour endangers the child’s safety.
- Parental Unfitness: Cases involving neglect, substance abuse, or other issues rendering parents incapable of caregiving.
- Parental Death: If both parents pass away, grandparents may apply for legal guardianship.
In these cases, the court evaluates factors such as the child’s emotional and physical needs, the ability of the grandparents to provide a stable environment, and the existing relationship between the grandparents and the child.
Grandparents must show that their decision-making responsibility would provide a more beneficial and nurturing situation than alternatives.
FAQs About Grandparents Rights in Ontario
Can grandparents sue for visitation rights in Ontario?
Yes, but success depends on proving that it serves the child’s best interests.
Can a parent deny grandparents seeing their grandchildren?
Parents can refuse to allow grandparents time with their children if they believe it’s not in the child’s best interests. Grandparents can challenge this decision in Court.
How can grandparents strengthen their case?
Demonstrating a close, positive relationship with the grandchild, including childcare and providing evidence of the parent’s unreasonable behaviour can strengthen a case.
Getting Support For Your Grandparents Rights In Ontario
Navigating grandparents’ rights in Ontario requires understanding the nuances of the CLRA and the Divorce Act. While grandparents don’t have automatic rights to spend time with their grandchildren, the law provides avenues to advocate for their role in a child’s life.
Consulting a knowledgeable family lawyer is crucial to presenting a compelling case and ensuring the child’s best interests are upheld. If you’re facing challenges maintaining contact with your grandchild, seek legal advice to explore your options and take the first steps toward resolution.
Our experienced team of family law lawyers in Toronto is dedicated to providing compassionate and effective legal counsel.
Connect with Kelly Jordan, our family law lawyer, to see how she can support you in regard to your legal needs.
You can contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need during this challenging time.
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Additional Resources: What Are The Rights Of Grandparents Who Want Access To Their Grandchildren?