Grandparents' Contact with Grandchildren
Grandparents are entitled to apply to the court for a contact order with their grandchildren pursuant to section 21 (3) of Ontario's Children's Law Reform Act (CLRA). Grandparent contact claims can arise in from frought family relationships. It's important to approach these claims with sensitivity and in a child-focused manner.
The nature and strength of the child’s relationship with grandparents is a factor in the court’s determination of a contact order pursuant to section 24 (3) of the CLRA. Consider whether the grandparent is a person with whom the grandchild has regularly spent time. It would be relevant to consider, for example, whether the grandparent was relied upon for child care or transportation of the child to and from school.
Also relevant for a contact order pursuant to section 24 (3) of the CLRA is the ability and willingness of each person to whom the order would apply to communicate and co-operate, in particular with one another, on matters affecting the child. Consider whether, notwithstanding conflicts between adults (eg. parent and grandparent), whether the grandparent has cooperated and communicated with the parent in support of the child's best interest.
The plans for the child’s care are a relevant to the court’s consideration of a contact order pursuant to section 24 (3) of the CLRA. Is the grandparent seeking contact familiar with the children’s routine, school and daycare? Is the grandparent familiar with the extended family supports on both sides of the family?
A decision about grandparent-contact can affect parents' parenting time with their children. Section 24 (6) of the CLRA requires the court to support for the children as much time with each parent as is consistent with the children's best interests. Grandparnets do not necessarily take up the role of parents. Where both parents work, for example, and children attend school and daycare during the school and daycare hours on weekdays, the court may prioritize parents's time with the children on weekends should be reserved for the parents’ time with the children.
Every family's sitaution differs however, and it is important to consider all of the children's caregiver's availability, as well as the children's routines and best interests as well.
Adel Afzal
Barrister and Solicitor
September 19, 2024
