Grandparent contact rights in British Columbia are governed by section 59 of the Family Law Act § 59, which lets a court grant contact to a non-guardian, including a grandparent. There are no automatic rights. Filing a contact application in Provincial Court costs $0, and the court decides solely on the child's best interests under Family Law Act § 37.
Key Facts: Grandparent Contact in British Columbia
| Factor | Detail |
|---|---|
| Filing Fee (Provincial Court) | $0 to file a contact application (Form 3). As of January 2026. Verify with your local registry. |
| Filing Fee (Supreme Court) | $200 for a Notice of Family Claim; $210 when combined with divorce. As of January 2026. |
| Waiting Period | No fixed waiting period for contact orders; hearing timelines vary by registry |
| Residency Requirement | Application is filed where the child resides, not where the grandparent lives |
| Grounds | Best interests of the child under Family Law Act § 37 |
| Property Division Type | Not applicable to contact; BC uses equal division of family property under the Family Law Act |
| Governing Statute | Family Law Act § 59 (contact orders); § 58 (agreements) |
Do Grandparents Have Contact Rights in British Columbia?
Grandparents in British Columbia do not have automatic contact rights, but they may apply for a court-ordered contact arrangement under Family Law Act § 59. The court grants contact only when it finds that contact serves the child's best interests under Family Law Act § 37. The grandparent carries the burden of proof.
British Columbia's Family Law Act (SBC 2011, c. 25) came fully into force on March 18, 2013, replacing the older Family Relations Act. The statute deliberately uses the broad word "person" so that grandparents, extended family, and even non-relatives can request contact. Section 59 states that, on application, a court may make an order respecting contact with a child, and the section expressly names grandparents as eligible applicants. This grandparent contact rights framework in British Columbia treats grandparents as one category of non-guardian who may seek time with a child. The right is procedural, not substantive: grandparents have the right to ask, but no presumption that the answer will be yes. Roughly speaking, courts in BC give significant weight to the decisions of fit parents, so a grandparent must show concrete evidence that contact benefits the child rather than merely asserting a family bond.
What Statute Governs Grandparent Contact in British Columbia?
Grandparent contact in British Columbia is governed by Part 4, Division 3 of the Family Law Act, specifically Family Law Act § 59 for court orders and Family Law Act § 58 for private agreements. The best-interests test in Family Law Act § 37 controls every contact decision, listing at least seven factors the court must weigh.
Under the Family Law Act, "contact" is a defined legal term: it is the time a person who is not a child's guardian spends with the child. This matters because grandparents are usually not guardians, so they seek "contact" rather than "parenting time" or "parenting arrangements." During contact time, the grandparent does not gain decision-making responsibility and cannot make day-to-day decisions for the child. Section 59 also empowers the court to set the terms and form of contact and, where the court finds supervision serves the child's best interests, to require that contact or the transfer of the child be supervised by a named person. For federal matters tied to a divorce proceeding, the 2021 amendments to the Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) introduced "contact orders" for non-spouses, but in BC most grandparent applications proceed under the provincial Family Law Act because it offers a free Provincial Court route.
What Is the Best Interests of the Child Test in BC?
The best interests of the child test under Family Law Act § 37 requires the court to consider only the child's interests when deciding any contact application. Section 37(2) lists factors including the child's health and emotional well-being, the child's views, and the nature and strength of the child's relationships with significant people in their life.
Section 37(2) directs the court to weigh the following factors, among others: (a) the child's health and emotional well-being; (b) the child's views, unless it would be inappropriate to consider them; (c) the nature and strength of the relationships between the child and significant persons in the child's life; (d) the history of the child's care; (e) the child's need for stability given the child's age and stage of development; and (f) the ability of each person who seeks contact to exercise their responsibilities. Section 37(3) adds that an agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child's physical, psychological, and emotional safety, security, and well-being. For a grandparent, factor (c) is often decisive: a grandparent who has been a consistent, positive presence in the child's life starts from a stronger evidentiary position than one with sporadic or conflicted involvement. The court may consider a person's conduct only if it substantially affects one of these factors.
How Do Grandparents Apply for a Contact Order in BC?
Grandparents apply for a contact order in British Columbia by filing an Application About a Family Law Matter (Form 3) in the Provincial Court registry nearest the child's residence. There is no filing fee in Provincial Court ($0). The grandparent must serve the child's guardians and prove that contact is in the child's best interests.
The practical steps are sequential and start before any court filing. First, attempt a written agreement under Family Law Act § 58; a contact agreement is binding only if signed by all guardians who hold the parental responsibility of deciding with whom the child may associate. Second, if no agreement is possible, file a Form 3 in the Provincial Court registry that serves the area where the child lives, because jurisdiction follows the child's residence, not the grandparent's. A grandparent living in Alberta can still apply in BC if the grandchild resides in BC. Third, serve the documents on the child's guardians and attend the scheduled appearances. The Provincial Court charges no fee to start or defend a family law proceeding, which makes it the most accessible venue for grandparent contact applications. The Supreme Court can also hear contact matters, but it charges $200 for a Notice of Family Claim and is typically used only when contact is tied to a divorce or property dispute.
Provincial Court vs. Supreme Court for Grandparent Contact
The Provincial Court of British Columbia hears grandparent contact applications for free ($0) and is the most accessible venue, while the Supreme Court charges $200 for a Notice of Family Claim. The Provincial Court handles guardianship, parenting arrangements, contact, and support, but cannot divide family property or grant a divorce.
| Feature | Provincial Court (Family) | Supreme Court |
|---|---|---|
| Filing fee for contact application | $0 | $200 (Notice of Family Claim) |
| Starting form | Form 3 — Application About a Family Law Matter | Notice of Family Claim (Form F3) |
| Can grant contact order | Yes, under Family Law Act § 59 | Yes, under Family Law Act § 59 |
| Can divide family property | No | Yes |
| Can grant a divorce | No | Yes |
| Fee waiver available | Not needed (free) | Yes, under Supreme Court Family Rule 20-5 |
| Typical use for grandparents | Standalone contact applications | Contact tied to divorce or property |
Most grandparents choose the Provincial Court because contact is a standalone issue unconnected to any divorce or property division. The Supreme Court becomes relevant only when a grandparent's contact request is bundled with broader Divorce Act proceedings. Supreme Court fees adjust annually with the Consumer Price Index, and fee waivers are available under Supreme Court Family Rule 20-5 for parties facing financial hardship who file a requisition, draft order, and supporting affidavit.
Can a Grandparent Get Contact by Agreement Instead of Court?
Grandparents can obtain contact by a written agreement under Family Law Act § 58, avoiding court entirely. The agreement is binding only if signed by all guardians holding the parental responsibility to decide the child's associations. Once filed in court, a contact agreement is enforceable as if it were a court order, at no filing cost in Provincial Court.
The agreement route is faster, cheaper, and less adversarial than litigation, which preserves family relationships. Section 58 lets a guardian and a non-guardian, such as a grandparent, describe the terms and form of contact in writing. The binding requirement is strict: every guardian who has the parental responsibility for decisions about the child's associations must sign, or the agreement is not enforceable. A written contact agreement that is filed with the court is enforceable under the Family Law Act as if it were a court order, which gives grandparents real protection without a contested hearing. However, the court retains an oversight power: on application by a party, the court must set aside or replace all or part of a contact agreement if it finds the agreement is not in the best interests of the child. This safety valve ensures that no private bargain can override the child's welfare, and it means agreements should be drafted with the section 37 factors in mind.
Can a Grandparent Contact Order Be Changed or Cancelled?
A grandparent contact order in British Columbia can be changed, suspended, or terminated under Family Law Act § 60 if the applicant shows a change in the child's needs or circumstances since the order was made. Contact orders are never permanent; either the grandparent or a guardian may apply to vary the arrangement when circumstances shift.
Section 60 sets the legal threshold for varying a contact order: the court must be satisfied that, since the order was made, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person. This "change in circumstances" requirement carries over from the prior Family Relations Act and prevents endless re-litigation of settled arrangements. Examples of qualifying changes include the child relocating, a guardian's serious illness, a breakdown in the grandparent-child relationship, or evidence that the existing schedule no longer serves the child. The same best-interests standard from Family Law Act § 37 governs the variation. Either side may bring the application, so a guardian who believes contact has become harmful can ask the court to suspend or terminate it, and a grandparent whose contact has been frustrated can ask the court to enforce or expand it.
What Weakens or Strengthens a Grandparent's Contact Case?
A grandparent's contact case in British Columbia is strengthened by a documented history of positive, consistent involvement in the child's life and weakened by conflict with the parents that destabilizes the child. Under Family Law Act § 37, courts give significant deference to fit guardians, so the grandparent must prove contact benefits the child, not merely the family.
Courts assess the nature and strength of the grandparent-child relationship under section 37(2)(c). A grandparent who provided regular care, attended milestones, and maintained a loving bond presents strong evidence. Conversely, several factors weaken a case: high-conflict relationships with the guardians that expose the child to tension; a history that suggests contact would undermine the parents' authority; the child's own reluctance, where age-appropriate to consider under section 37(2)(b); and any family violence concerns assessed under Family Law Act § 38. British Columbia courts extend considerable respect to the decisions of fit parents and guardians, reflecting the principle that the state should not lightly override parental judgment. Because there is no presumption favoring grandparent contact, the burden sits squarely on the grandparent to demonstrate, with concrete facts, that the relationship is good for the child. Mediation and family justice counsellors, available free through BC's family justice system, can help resolve disputes before a hearing.