Grandparents Rights in Ontario: Can You Get Decision-Making Responsibility for a Grandchild?
This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.
Quick Answer: Can Grandparents Get Decision-Making Responsibility in Ontario?
At a Glance
- Grandparents in Ontario do not have automatic rights to a grandchild. They must apply to court for either a parenting order or a contact order.
- A parenting order can grant decision-making responsibility (the legal authority to make major decisions about a child's education, health, and religion) and may also include parenting time. A contact order grants specified time with the child but no decision-making authority.
- Applications by grandparents are governed by the Children's Law Reform Act (CLRA) when the parents have not divorced, and by the Divorce Act when the parents have divorced or are divorcing.
- Ontario courts decide all grandparent applications based on the best interests of the child — the child's emotional, physical, and psychological well-being always takes priority over the grandparent's wishes.
- Grandparents who have already been acting as primary caregivers — such as after the death of a parent — have a significantly stronger basis to seek a parenting order, but legal advice is still essential before filing.
When a Family Turns to Grandparents
There are moments in family life when grandparents step into a role they never expected: becoming the primary person caring for a grandchild. A parent passes away unexpectedly. A parent struggles with addiction or illness. A family fractures, and a child needs stability that only the grandparents can provide.
These situations are more common than many people realize, and they raise an urgent question: do grandparents have any legal standing in Ontario to make decisions for a grandchild, or to ensure they can continue to be part of that child's life?
The answer is yes — but it requires a court application, it is never automatic, and the process is more nuanced than most families expect. Understanding how family law matters in Ontario work for non-parents is the first step toward finding a path forward.
This article explains the two legal tools available to grandparents — a parenting order and a contact order — which law applies to your specific situation, how Ontario courts make these decisions, and what you can do to prepare a strong application.
Which Law Applies to Your Situation?
Knowing which law applies to your situation is not a minor detail — it determines which court you file in, what standing you have, and what legal test the judge applies. Use the guide below to identify your path:
Parents Not Divorced (CLRA Path)
Your application falls under the Children's Law Reform Act, RSO 1990, c C.12, section 21. Any person — including a grandparent — may apply for a parenting order or contact order. Leave of court is not required to file.
Parents Divorced (Divorce Act Path)
Your application falls under the federal Divorce Act, RSC 1985, c 3. Under section 16.1(3), non-spouses must first seek leave of the court before pursuing a parenting order. A contact order under s.16.5 does not require leave.
If you are unsure which category applies, or if the parents' relationship status is complicated, a family lawyer can clarify this quickly. Both the separation in Ontario and divorce in Ontario processes involve different legal tracks, and starting in the wrong place can cause costly delays.
Parenting Order vs. Contact Order: What Is the Difference?
The term "decision-making responsibility" replaced the older term "custody" after the Divorce Act was amended in March 2021. The two terms describe the same fundamental concept: who has the legal authority to make choices for a child. In Ontario, grandparents can seek either type of order depending on what their situation requires.
Most grandparents who simply want to maintain a meaningful relationship with a grandchild pursue a contact order — it has a lower threshold to meet and does not require proving that the parents are unfit. A parenting order carries a higher burden because it shifts decision-making authority away from the parent. Courts are more likely to grant a grandparent a parenting order when the parents are absent, incapacitated, or when the grandparent has already been the child's primary caregiver.
Understanding which order you actually need is one of the most important decisions you will make before filing — applying for the wrong type wastes time and may weaken your overall position.
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Parenting Order vs. Contact Order
A side-by-side comparison of the two legal tools available to grandparents in Ontario
| Feature | Parenting Order | Contact Order |
|---|---|---|
| What it grants | Decision-making responsibility and/or parenting time | Specified time or communication with the child only |
| Authority to make decisions | YESEducation, health, religion | NO |
| Governing statute | CLRA s.21 or Divorce Act s.16.1 | CLRA s.21 or Divorce Act s.16.5 |
| Leave of court required? | YES (Divorce Act)Non-spouses must seek leave under s.16.1(3) | NO |
| Threshold for grandparents | Higher — must show primary caregiver history or parental incapacity | Lower — established relationship + best interests of child |
| Most common for grandparents? | LESS COMMON | MORE COMMON |
Sources: Children's Law Reform Act, RSO 1990, c C.12, s.21 — Divorce Act, RSC 1985, c 3, ss.16.1, 16.5 — ontario.ca/laws | Nihang Law Professional Corporation · Law Society of Ontario
What Happens When a Parent Has Died?
The death of a parent is one of the most common reasons grandparents seek a legal role in a grandchild's life — and it is the scenario that most legal information resources fail to address directly.
When one parent dies, the surviving parent typically takes on full parental responsibility. If that surviving parent is present, engaged, and fit, Ontario courts will generally continue to presume that the surviving parent acts in the child's best interests. A grandparent does not automatically gain any legal standing simply because one parent has died.
The situation changes significantly, however, when the surviving parent is also absent, struggling with mental health or addiction issues, or otherwise unable to provide adequate care. In those circumstances, grandparents who have been actively caring for the child have a meaningful evidentiary foundation to seek a parenting order under the CLRA.
It is also worth noting that a parent can appoint a guardian for their child in a will — a process that falls under wills and estates planning in Ontario. A testamentary guardian appointment can provide an immediate legal basis for a grandparent or trusted adult to care for the child after the parent's death, though court confirmation may still be required.
How Ontario Courts Decide: The Best Interests of the Child Test
Ontario courts weigh a specific set of factors when evaluating a grandparent's application. These include the child's emotional and physical needs, the stability of existing care arrangements, the strength and history of the relationship between the grandparent and grandchild, and the child's cultural, linguistic, and spiritual identity. Where a child is old enough and mature enough to express a view, the court may also consider what the child wants.
An important legal principle that grandparents must understand is called the parental autonomy doctrine. Ontario courts presume that a fit parent acts in their child's best interests. This means that if a parent is present and engaged, a grandparent will need to present concrete evidence — not just good intentions — showing that restricting or denying the grandparent's role actually harms the child.
In the landmark Ontario case of Giasante v DiChiara [2005] OJ No 3184 (SCJ), the court established a three-part test for grandparent contact applications: first, whether there is an established relationship between the grandparent and grandchild; second, whether contact would serve the child's best interests; and third, whether the parent has unreasonably denied that contact. More recently, in B.F. v A.N., 2024 ONCA 94, the Court of Appeal affirmed that parental decision-making authority carries significant weight and cannot be displaced without clear evidence of harm to the child.
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Factors Ontario Courts Weigh in Grandparent Applications
Relative importance of each best-interests factor — based on CLRA s.24, Divorce Act s.16(3), and Ontario case law
10/10
Child's emotional & physical well-being — the top-weighted factor in every application
9/10
Existing relationship & caregiving history — grandparents who have been primary caregivers carry meaningful weight
6/10
Child's own views — considered only if the child is mature enough to form and express an opinion
Weights are indicative, based on judicial emphasis in Ontario case law. Sources: Children's Law Reform Act s.24; Divorce Act s.16(3); Giasante v DiChiara [2005] OJ No 3184 (SCJ); B.F. v A.N., 2024 ONCA 94 | Nihang Law Professional Corporation · Law Society of Ontario
Step-by-Step: How to Apply for a Parenting or Contact Order as a Grandparent
Applying to court as a grandparent is a formal legal process. The steps below outline what that process typically looks like, though exact timelines and procedures can vary depending on the complexity of the case and whether the other parties consent or contest the application.
- 1Consult a family lawyer (Week 1–2)Before filing anything, speak with an Ontario family lawyer who can assess whether you have standing under the CLRA or the Divorce Act, what type of order to seek, and what evidence will be most relevant to your case. This step often prevents costly missteps.
- 2File your application at court (Week 2–4)Your lawyer will prepare and file the application at the Ontario Superior Court of Justice (Family Division). If your case falls under the Divorce Act, the application will include a request for leave of court under section 16.1(3). You will also file an affidavit — a sworn written statement — setting out the facts of your situation and your relationship with the grandchild.
- 3Serve the other parties (Week 4–6)The parents (or other parties with parenting rights) must be formally notified of your application through a process called service. Proper service is a legal requirement, and errors at this stage can delay your case.
- 4Attend a case conference or dispute resolution (Month 2–4)Ontario family courts require parties to attempt to resolve disputes before proceeding to a full hearing. A case conference with a judge or a mediation session may help reach a consent order without a contested hearing — which is faster and less adversarial for everyone involved, especially the child.
- 5Hearing or consent order (Month 4–18+)If the parties cannot agree, the case proceeds to a hearing where each side presents evidence and the judge decides. Contested matters can take a year or more to resolve. If an agreement is reached at any stage, it can be formalized as a consent order, which carries the same legal weight as a court ruling.
Navigating a grandparent application — particularly one involving the death of a parent or questions of parental fitness — requires careful preparation of evidence and a clear understanding of the legal tests involved. Qasim Ali, Principal Lawyer at Nihang Law, has worked with Ontario families navigating complex parenting and custody matters and understands the particular sensitivity these cases require. Early legal guidance can make a meaningful difference in how a case unfolds.
Nihang Law Professional Corporation
Grandparent Application Process: Key Milestones
Typical timeline from first consultation to a court order — Ontario Superior Court of Justice (Family Division)
Family Lawyer
at Court
Other Parties
Dispute Resolution
Consent Order
Note on contested matters: If the parents disagree and a full hearing is required, total timelines may exceed 18 months. Urgent motions — where a child's immediate safety is at risk — may be heard within days. Timelines vary by case complexity and court scheduling.
Sources: Ontario Superior Court of Justice — Family Court Practice Directions · ontario.ca/courts · Law Society of Ontario | Nihang Law Professional Corporation · Law Society of Ontario
Common Mistakes Grandparents Make When Seeking Legal Rights
Grandparents who arrive at this process are often managing grief, fear, and family conflict at the same time. That emotional weight makes it easy to make procedural errors that can slow down or weaken an otherwise strong case. These are the most common mistakes to avoid:
- •Assuming caregiving creates automatic legal rights. Looking after a grandchild for months or years does not by itself give you legal decision-making authority. Without a court order, a parent can reclaim the child at any time. Document your caregiving role carefully — but take legal steps to formalize it.
- •Trying to negotiate directly without legal advice. Speaking directly with the parents before understanding your legal position can inadvertently weaken your case or escalate conflict. Know your options first.
- •Failing to document the existing relationship. Courts want evidence of a meaningful, established grandparent-grandchild relationship. Photos, school records, medical appointments you attended, and other documentation can all support your application.
- •Not knowing which statute applies. Filing under the wrong law — or in the wrong court — can result in your application being dismissed. The CLRA and Divorce Act involve different procedures and different standing requirements.
- •Applying for the wrong type of order. Seeking a parenting order when a contact order would meet your needs — or vice versa — can complicate proceedings unnecessarily. Be clear about what outcome you actually want before you file.
- •Underestimating the parental autonomy doctrine. Ontario courts give significant weight to a parent's right to make decisions for their child. Going into a hearing without strong, specific evidence of harm to the child is unlikely to succeed.
Frequently Asked Questions About Grandparents Rights in Ontario
Can grandparents get custody of a grandchild in Ontario?
Yes, grandparents in Ontario can apply for legal authority over a grandchild, but there is no automatic right — a court application is always required. Grandparents may seek a parenting order, which can grant decision-making responsibility and parenting time, or a contact order, which grants specified time with the child. The court decides all applications based on the best interests of the child. Grandparents who have been primary caregivers, or who can demonstrate that their involvement serves the child's well-being, may have a strong basis to apply.
What is the difference between a parenting order and a contact order for grandparents?
A parenting order grants decision-making responsibility — the legal authority to make major choices about a child's education, health, and religion — and may also include parenting time. A contact order grants only specified time or communication with the child; it does not give the grandparent any authority to make decisions. For most grandparents seeking to maintain a relationship with a grandchild, a contact order is the more accessible option. A parenting order typically requires evidence of a higher level of need, such as parental absence or incapacity.
What law gives grandparents the right to apply for access in Ontario?
In Ontario, two statutes may apply. The Children's Law Reform Act, RSO 1990, c C.12 (CLRA), specifically section 21, allows any person — including a grandparent — to apply for a parenting order or contact order when the parents have not divorced. The federal Divorce Act, RSC 1985, c 3, sections 16.1 and 16.5, governs applications when the parents have divorced or are in active divorce proceedings. Under the Divorce Act, non-spouses must seek leave of the court before bringing a parenting order application. Both statutes require that all decisions serve the best interests of the child.
What happens to a child if a parent dies and no one has legal custody in Ontario?
When a parent dies in Ontario, legal authority over the child does not automatically transfer to grandparents or other relatives. If the other parent is alive, present, and fit, that parent typically assumes full parental responsibility. If no fit parent is available, grandparents or other close relatives may apply to the Ontario Superior Court of Justice for a parenting order under the CLRA. Grandparents who have been providing care since the parent's death will have meaningful evidence to support such an application. A parent can also appoint a testamentary guardian in a will, which may provide an immediate legal framework for the child's care.
Does it help a grandparent's court case if they have been raising the grandchild?
Yes, an established caregiving history can significantly strengthen a grandparent's application. Ontario courts weigh the existing relationship and history of care as one of the key factors in the best interests of the child analysis. A grandparent who has been the child's primary caregiver — providing daily care, attending school events and medical appointments, and maintaining a stable home — will typically have more persuasive evidence. However, caregiving history alone does not create automatic legal rights; a formal court application is still required to obtain any legally enforceable order.
Can a parent legally stop grandparents from seeing a grandchild in Ontario?
A fit parent in Ontario generally has the legal authority to decide who has contact with their child, including restricting contact with grandparents. This is known as the parental autonomy doctrine, and Ontario courts give it significant weight. However, a grandparent who has been denied contact may apply for a contact order under the CLRA or the Divorce Act. To succeed, the grandparent will typically need to demonstrate an established relationship with the grandchild and that restricting that contact is not in the child's best interests. Courts will not override a parent's decision lightly, but an unreasonable denial of a meaningful relationship may be grounds for a contact order.
How long does a grandparent application take in Ontario family court?
The timeline for a grandparent application in Ontario can range widely depending on whether the matter is contested. An urgent motion — where a child's safety is at issue — may be heard within days or weeks. A consent order, reached through mediation or negotiation, may be finalized within a few months. Contested applications, where parties disagree and proceed to a full hearing, can take one year or more to resolve. Ontario's family courts generally require parties to attend a case conference and attempt dispute resolution before proceeding to a hearing, which can add time but may also lead to faster resolution.
Do grandparents need a lawyer to apply for rights in Ontario, or can they do it themselves?
Self-representation is permitted in Ontario family courts, but grandparent applications are among the more procedurally complex matters in family law. They involve selecting the correct statute, determining which court to file in, preparing sworn affidavit evidence, serving other parties properly, and presenting arguments based on the best interests of the child test. Errors at any of these stages can delay or undermine an otherwise valid application. Legal advice early in the process — even a single consultation — can help grandparents understand their position clearly and avoid the most common pitfalls before they file.
Nihang Law Can Help Grandparents Navigate Ontario Family Courts
Grandparent applications under the CLRA and Divorce Act are navigable — but they require a clear strategy, the right documentation, and an understanding of what Ontario courts are looking for. Our multilingual team serves families across Toronto, Scarborough, and the broader GTA.
Book a Free ConsultationThis article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions. Nihang Law Professional Corporation is regulated by the Law Society of Ontario.
About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources & References
- Children's Law Reform Act, RSO 1990, c C.12, s.21 — ontario.ca/laws/statute/90c12
- Divorce Act, RSC 1985, c 3 (2nd Supp), ss.16.1, 16.5 — laws-lois.justice.gc.ca
- Giasante v DiChiara [2005] OJ No 3184 (SCJ) — foundational three-part test
- B.F. v A.N., 2024 ONCA 94 — Court of Appeal of Ontario
- Ontario Superior Court of Justice, Family Court Practice Directions — ontariocourts.ca
- Government of Canada, Department of Justice — justice.gc.ca
- Law Society of Ontario, Family Law Resources — lso.ca
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