As more families navigate estrangement, questions around grandparent rights are coming into sharper focus. For this month’s Grandparenting Unfiltered, Kathy Buckworth dives into what Canadian law actually says—and what grandparents can do when access to their grandchildren is at stake.
Lately we’ve been seeing a lot of younger people announce that they have gone “no contact” with their parents. The most famous of course being Brooklyn Beckham, distancing himself publicly from his parents, David and Victoria Beckham.
Without getting into the details of this situation or others like it, it raises the question of grandparent rights when communications have been cut off. Brooklyn and his wife do not have children yet, but what might happen if they do?
What to Know About Canadian Grandparent Rights
In Canada, grandparents in Canada do not have legal automatic visitation or custody rights. This is the same in the UK. That said, grandparents can apply to the courts for contact or decision-making responsibilities if it is felt to be in the child’s best interest.
Grandparent rights are first determined by whether the parents of the child(ren) are married or divorced. Those with parents still together will be primarily governed by the Children’s Law Reform Act (CLRA). The Divorce Act comes into play for children of divorced parents.
Basically both of these laws allow grandparents to apply for the following:
- Contact orders: Time spent with grandchildren, which can include in-person visits, phone calls, video chats or other forms of communication.
- Parenting or decision-making responsibility: In exceptional cases, grandparents may seek authority to make decisions about a child’s upbringing, including education, health and welfare.
Above all, the court will always prioritize the best interests of the child, considering their physical, emotional and psychological well-being.
How Grandparents Can Prepare for Legal Intervention
Prior to seeking a decision from the courts, which can be quite drastic and may cause irreparable damage to the family dynamic, grandparents are advised to stay in a positive relationship with both the parents and the child. It’s helpful to document what your involvement has been in the child’s life, and prior to getting to a courtroom, mediation may be a reasonable alternative. If court seems the only path forward, legal advice (from a lawyer specializing in family law) is highly recommended. Note that provincial laws do vary slightly in terms of procedure and outcome.
Why Would Grandparents Go to Court?
If grandparents feel that the parents of their grandchildren are refusing to allow contact with the grandkids without a stated valid reason, and the child has developed a strong relationship with the grandparents, legal intervention may be the only alternative.
Grandparents might also seek a court ruling if they feel that the parents are unable or unfit to care for the child due to abuse or neglect. In this case, the grandparents may have played a significant role in the child’s life, such as providing regular childcare or other types of support.
What Will the Court Consider in a Case Like This?
They will evaluate first of all the child’s best interest and personal safety. They will look at the pre-existing relationships between the child and their grandparents. The court will also evaluate whether they think the grandparents could cause harm or create conflict if they are awarded contact. They will also decide whether they feel the grandparents have the financial stability and good health to provide care for the grandchild.
Grandparents should be prepared for a decision in which the court may grant full or partial visitation, supervised visits or even deny access if they feel that contact would be detrimental to the child.
Settlement Before Going to Court is the Goal
While grandparents in Canada do not have automatic rights, the importance of their role in a child’s life is recognized by the law. As such, courts can grant visitation or, in exceptional cases, decision-making authority to the grandparents.
Even with a court ruling on your side, as a grandparent and as a parent, this is not a procedure to enter into lightly. The best solution is always prevention. Look for ways to stay involved in your grandchild’s life for the betterment of everyone—even in difficult circumstances.
