Can Grandparents Apply to Court to See Their Grandchildren If the Parents Say No?

Category: Family & Children

Can Grandparents Apply to Court to See Their Grandchildren If the Parents Say No?

Last updated: October 2026

Yes. In Ontario grandparents have no automatic right of contact, but they can apply to court for a contact order — under s. 21 of the Children's Law Reform Act, or s. 16.5 of the Divorce Act within a divorce case (which needs the court's leave first). The court looks only at the child's best interests.

Here are the three questions that matter: whether grandparents have a right to contact, how to apply, and what the court actually looks at.

Three Key Points for Grandparents

No Automatic Right — You Must Apply

Grandparents have no inherent right to see their grandchildren. If the parents say no, court is the only route.

Two Routes

CLRA s. 21: any person other than a parent — including grandparents — may apply for a parenting order or a contact order.

Divorce Act s. 16.5: in a divorce proceeding, a non-spouse applicant (such as a grandparent) may seek a contact order, but must first obtain the court's leave.

What the Court Looks At: The Child's Best Interests

The court considers only the child's best interests, with the child's physical, emotional and psychological safety first.

It weighs: the existing grandparent-child relationship; whether cutting contact would harm the child; and whether the parents' refusal is reasonable.

Courts generally won't create a relationship where none exists. Applications succeed where a strong existing bond would be harmed by the cutoff.

What to Do: Four Steps

01Talk to the parents first: court is the last resort.

02Gather evidence: photos, records, witnesses showing an ongoing close relationship.

03Get legal advice on the route: CLRA or Divorce Act depends on whether a divorce proceeding is underway.

04Don't wait too long: the longer the gap, the harder it is to show the cutoff harms the child.

FAQs

1. My son won't let me see my grandchild — if I go straight to court, will I win?

Not necessarily. The court protects the child's welfare, not the grandparent's wishes. A strong prior relationship plus real harm from the cutoff is what persuades.

2. Do I need the parents' permission to apply?

No. The application exists precisely because the parents won't agree.

3. If grandparents win, must the parents comply?

Yes. A contact order is legally binding like any court order — non-compliance can be brought back to court.

This article provides general legal information only and is not legal advice for your specific situation. Please consult a lawyer about your case.

Miao He (何淼)

Chinese-speaking family lawyer in Toronto · Licensed in Ontario and China · LSO #83315K

H. LAW FIRM (恒. 律师事务所)｜208-7050 Woodbine Ave, Markham, ON L3R 4G8｜Tel 647-930-6688
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