Grandparent contact rights in Manitoba are governed by The Family Law Act § 41, in force since July 1, 2023, which lets grandparents apply directly for a "contact order." Grandparents are named family members who can apply without first seeking the court's permission, and the court decides based solely on the child's best interests under The Family Law Act § 35.
Key Facts: Grandparent Contact in Manitoba
| Factor | Detail |
|---|---|
| Filing Fee | CAD $200 to file a Notice of Application in the Court of King's Bench (as of June 2026 — verify with your local registry) |
| Waiting Period | No fixed waiting period for a contact order; a divorce judgment becomes final 31 days after it is granted |
| Residency Requirement | One year of ordinary residence in Manitoba to file for divorce under Divorce Act § 3(1); no residency bar for a stand-alone contact application |
| Governing Statute | The Family Law Act, C.C.S.M. c. F20, §§ 35, 40, 41, 48 |
| Property Division Type | Equalization of family property under The Family Property Act (separate from contact issues) |
What Are Grandparent Contact Rights in Manitoba?
Grandparent contact rights in Manitoba are the legal ability of a grandparent to ask a court for a contact order — time and communication with a grandchild — under The Family Law Act § 41. Since July 1, 2023, the old terms "custody" and "access" were eliminated; non-parent time with a child is now called "contact," and grandparents are expressly listed as eligible applicants.
Manitoba's framework recognizes that the grandparent-grandchild bond can serve a child's well-being. The province first created a statutory right for grandparents to apply for access in December 2006 under The Child and Family Services Act. That authority moved to The Family Law Act when the new statute took effect on July 1, 2023. Under The Family Law Act § 40(4), a grandparent is defined as a "family member" alongside step-parents, siblings, aunts, uncles, cousins, and their spouses or common-law partners. Because grandparents are named family members, they apply for a contact order directly and do not need to seek the court's permission ("leave") first — a meaningful procedural advantage over non-family applicants, who must clear an extra threshold before a judge will even hear their request.
Who Can Apply for a Contact Order in Manitoba?
Grandparents can apply for a contact order in Manitoba without leave of the court because The Family Law Act § 40(4) lists grandparents among the defined "family members." Non-family members must first obtain the court's permission to apply, and a judge will only grant a contact order to a non-family member where "exceptional circumstances" warrant it.
Manitoba draws a sharp line between two categories of applicants. Family members — step-parents, siblings, grandparents, aunts, uncles, cousins, and a spouse or common-law partner of any of them — may apply for a contact order as of right. A grandparent therefore starts the process by filing an application directly, without needing a preliminary ruling. Non-family members face two hurdles: they must first get "leave of the court" to file at all, and then the court must be satisfied that exceptional circumstances justify the order. This two-tier design reflects the legislature's view that grandparents occupy a recognized place in a child's life, while strangers to the family must justify their involvement. The following table summarizes the eligibility tiers.
| Applicant | Leave of Court Required? | Extra Threshold |
|---|---|---|
| Grandparent (family member) | No | Child's best interests under § 35 |
| Aunt, uncle, sibling, cousin, step-parent | No | Child's best interests under § 35 |
| Non-family member | Yes (must seek permission first) | Court must find "exceptional circumstances" |
| Non-parent seeking parenting responsibilities | Yes | Must "stand in the place of a parent" |
How to Apply for Grandparent Contact in Manitoba
A grandparent applies for contact in Manitoba by filing a Notice of Application and a supporting affidavit in the Court of King's Bench, paying the $200 filing fee (as of June 2026 — verify with your local clerk). Applicants must also give notice of the application to the child's parents or guardians in accordance with the Family Law Regulation.
The process begins with completing a Notice of Application that sets out the contact a grandparent is seeking — which may include in-person visits, telephone calls, messaging, video chats, or sending cards and gifts. The application is supported by an affidavit explaining the existing relationship and why contact serves the child. Manitoba requires most people involved in parenting and contact disputes to complete the "For the Sake of the Children" course, a mandatory parenting program that also applies to guardians and grandparents. Before or alongside court, grandparents can use the free Family Resolution Service at GetGuidance@gov.mb.ca, or call 204-945-2313 in Winnipeg or 1-844-808-2313 toll-free, to attempt resolution without a full hearing. Applications may be filed at registries in Winnipeg, Brandon, Portage la Prairie, Dauphin, The Pas, Thompson, or Flin Flon.
What Factors Decide Grandparent Contact Applications?
Manitoba courts decide grandparent contact applications using only the best interests of the child under The Family Law Act § 35, giving primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. The court weighs an open-ended list of factors, including the strength of the existing grandparent-grandchild relationship.
Section 35(3) directs the court to consider all factors relevant to the child's circumstances. These include the child's needs given age and stage of development, including the need for stability; the nature and strength of the child's relationship with grandparents and other people who play an important role in the child's life; each party's willingness to support the child's relationships with others; the child's own views and preferences, weighted by age and maturity; and the child's cultural, linguistic, religious, and spiritual upbringing. For contact orders specifically, the court also considers whether contact between the grandparent and the child could reasonably occur another way. The safety, security, and well-being of the child is the paramount consideration, meaning any history of family violence or risk to the child can outweigh the value of maintaining the grandparent relationship.
Contact Orders Versus Guardianship in Manitoba
A contact order under The Family Law Act § 41 gives a grandparent time and communication with a grandchild, while a guardianship order under The Family Law Act § 48 lets a grandparent assume legal responsibility for the child's care. Contact is for relationship time; guardianship is for stepping into a parenting role when parents cannot care for the child.
These are two distinct legal tools serving different purposes. A grandparent who simply wants to maintain a relationship — visits, calls, holidays — seeks a contact order. A grandparent who needs to actually raise or care for the child, because the parents are unable or unavailable, applies for guardianship under section 48. The court can appoint any adult as a guardian, on a temporary (interim) or final basis, and may later remove a guardian with or without appointing a replacement. Both applications are decided under the same best-interests standard in section 35. Guardianship is the more significant order because it transfers caregiving authority, so courts scrutinize these applications closely. The table below contrasts the two.
| Feature | Contact Order (§ 41) | Guardianship Order (§ 48) |
|---|---|---|
| Purpose | Relationship time and communication | Legal responsibility to care for the child |
| Who applies | Grandparents and other family members | Grandparents, family, or others with a special connection |
| Leave required for grandparent | No | No (filed by Notice of Application) |
| Decision standard | Best interests under § 35 | Best interests under § 35 |
| Duration options | Ongoing or specified terms | Interim or final |
Applying Under the Divorce Act When Parents Are Divorcing
When a grandchild's parents are divorcing or already divorced, a grandparent may apply for a contact order under the federal Divorce Act, R.S.C. 1985, c. 3, with leave (permission) of the court. This federal route operates in parallel with The Family Law Act and is available specifically because the parents' marriage is being dissolved.
The 2021 amendments to the Divorce Act, in force since March 1, 2021, modernized federal family law to use "parenting time" and "decision-making responsibility" instead of "custody" and "access." Under the Divorce Act, a person who is not a spouse — typically a grandparent or step-parent — may apply for a contact order with respect to a child, but only with the court's leave. This differs from the provincial Family Law Act route, where a grandparent does not need leave. Grandparents whose grandchildren's parents are in a divorce proceeding can therefore choose the forum, though the federal route adds the leave requirement. In both forums, the governing test remains the best interests of the child, with primary consideration given to the child's physical, emotional, and psychological safety, security, and well-being.
Costs and Court Fees for Grandparent Contact in Manitoba
Filing a contact application in Manitoba costs $200 for the Notice of Application in the Court of King's Bench (as of June 2026 — verify with your local clerk). Additional filings cost $50 for a Notice of Motion and $50 to file an Answer if the application is contested. Legal Aid Manitoba recipients pay no filing or sheriff service fees.
The $200 Notice of Application fee is the principal court cost for starting a grandparent contact case. As a matter proceeds, grandparents may incur a $50 fee for each Notice of Motion filed and, where another party responds in opposition, a $50 fee to file an Answer. These court fees are set by the Court Services Fees Regulation, M.R. 150/2021. Court fees are separate from — and far smaller than — lawyer's fees, which depend on whether the matter settles or goes to a contested hearing. Low-income applicants who qualify for Legal Aid Manitoba pay no filing fees or sheriff service fees under The Legal Aid Manitoba Act, which removes a significant financial barrier. Manitoba courthouses accept certified cheques, bank drafts, money orders payable to the Minister of Finance, law firm cheques, cash, debit cards, and credit cards when paying in person.
Recent Law Changes Affecting Grandparent Contact (2021–2026)
Two major reforms reshaped grandparent contact rights between 2021 and 2026. The federal Divorce Act amendments took effect March 1, 2021, replacing "custody" and "access" with "parenting time" and "decision-making responsibility." Manitoba's new Family Law Act took effect July 1, 2023, moving non-parent contact authority from The Child and Family Services Act into § 41.
The July 1, 2023 transition is the most consequential change for grandparents. Before that date, grandparents applied for "access" under The Child and Family Services Act, a framework dating to a December 2006 amendment. The Family Law Act consolidated parenting and contact issues into one statute and renamed the relief a "contact order" under section 41. The substantive standard — the best interests of the child under section 35 — carried forward, so the change is largely terminological and procedural rather than a narrowing of grandparents' rights. As of June 2026, no further amendment has narrowed or expanded grandparent contact eligibility beyond the 2023 framework. Grandparents should continue to apply under The Family Law Act, or under the Divorce Act where the parents are divorcing, and verify current procedures with the Court of King's Bench registry.