What rights do grandparents have regarding visitation?
Grandparents play a special role in a child’s life, offering love, wisdom, and support. But when family dynamics become complicated—perhaps due to divorce, separation, or other conflicts—grandparents might find themselves unsure about their rights to see their grandchildren. So, what does the law in Ontario say about grandparents’ visitation rights?
Do Grandparents Have a Right to Visitation?
In Ontario, grandparents don’t have an automatic legal right to visit their grandchildren. However, the Children’s Law Reform Act (CLRA) allows grandparents to apply to the court for access or visitation rights if they believe it’s in the child’s best interests.
How Do Courts Decide on Grandparents’ Visitation?
The court’s primary concern is always the best interests of the child. To determine this, the court will consider:
the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;
the nature and strength of the child’s relationship with each parent, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;
each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent;
the history of care of the child;
the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;
the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;
any plans for the child’s care;
the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;
the ability and willingness of each person in respect of whom the order would apply to communicate and co-operate, in particular with one another, on matters affecting the child;
any family violence and its impact on,
the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child; and
the appropriateness of making an order that would require persons in respect of whom the order would apply to co-operate on issues affecting the child; and
any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.
Steps Grandparents Can Take
Open Communication: Try to resolve disputes with the parents before taking legal steps. Mediation can be a helpful tool to find a solution that works for everyone.
Seek Legal Advice: If communication fails, consult a lawyer to understand your rights and assess your chances of success in court.
Apply for Access: File an application in family court under the CLRA. Be prepared to show how your involvement benefits the child.
Tips for Grandparents
Stay involved in your grandchild’s life, even in small ways. Regular calls, cards, or gifts can show your care and commitment.
Avoid badmouthing the child’s parents, as this can harm your case and the child’s emotional health.
Focus on the child’s needs, not adult disagreements. Courts prioritize what’s best for the child, not what’s fair for the adults.
Grandparents are often unsung heroes in a child’s life, and maintaining that bond is worth the effort—even when legal hurdles arise.
