Grandparents in New Brunswick can apply for a contact order under section 57 of the Family Law Act (SNB 2020, c 23), with the $110 court filing fee, a best-interests standard under section 50, and no automatic right of access. Any adult may apply, but courts treat contact orders as a last resort when parents refuse cooperation.
Key Facts: Grandparent Contact Rights in New Brunswick
| Factor | New Brunswick Detail |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 clearance certificate) under Rules of Court, Rule 72.24. As of March 2026. Verify with your local clerk. |
| Waiting Period | No fixed waiting period for contact orders; divorces require 1-year separation for no-fault grounds |
| Residency Requirement | 1 year ordinarily resident in New Brunswick before filing (Divorce Act, s.3(1)) for divorce; contact orders heard in district of child's residence |
| Grounds | Best interests of the child under N.B. Family Law Act § 50 |
| Governing Statute | N.B. Family Law Act § 57 (contact orders) |
What Are Grandparent Contact Rights in New Brunswick?
Grandparent contact rights in New Brunswick are governed by section 57 of the Family Law Act (SNB 2020, c 23), which allows any person who is not a parent to apply for a contact order giving them time with a child. The court decides every application using only the best-interests-of-the-child test set out in N.B. Family Law Act § 50.
New Brunswick law does not give grandparents an automatic right of access. Instead, the law is framed around the child's right to maintain important relationships, not the adult's right to demand contact. Under N.B. Family Law Act § 57, a contact order is the formal mechanism through which a grandparent can ask the Family Division of the Court of King's Bench to order visits or other communication. The 2020 Family Law Act replaced the older grandparent-access provisions of the Family Services Act, modernizing third party visitation across the province. Grandparents are the most common applicants for contact orders, followed by siblings and other extended relatives who play a meaningful role in a child's life.
How Does a Grandparent Apply for a Contact Order?
A grandparent applies for a contact order by filing an application with the Family Division of the Court of King's Bench in the judicial district where the child resides, paying the $110 filing fee. Under N.B. Family Law Act § 57(1), on application by a person who is not a parent, the court may make a contact order. As of March 2026, verify the fee with your local clerk.
The application process for grandparent access generally follows these steps:
- Attempt to reach an agreement with the parents first — contact orders are treated as a last resort.
- File the appropriate application form with the Registrar of the Court of King's Bench, Family Division, in one of eight judicial districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, or Woodstock.
- Pay the filing fee or apply for a fee waiver under Rule 72.24(2) if you receive social assistance or qualify for Legal Aid.
- Serve the application on the child's parents or guardians.
- Attend court, where a judge applies the best-interests test under N.B. Family Law Act § 50.
Grandparents seeking interim contact while the case is pending can ask for an interim contact order under section 57, which the court may grant pending the final determination. PLEIS-NB offers free self-help guides and a family law information line at 1-888-236-2444 for grandparents representing themselves.
What Is the Best Interests Test for Grandparent Access?
The best interests test under N.B. Family Law Act § 50 requires the court to consider only the best interests of the child when deciding a grandparent contact application, weighing all relevant factors including the nature and strength of the child's relationship with each grandparent. No single factor automatically outweighs the others, and the analysis is individualized for each child.
Section 50 directs the court to assess factors closely mirroring the federal Divorce Act, R.S.C. 1985, c. 3, s. 16. These factors include the nature and strength of the child's relationship with each parent, sibling, and grandparent; the history of care the child has received; the child's views and preferences according to age and maturity; and the importance of supporting healthy relationships with other adults who play an important role in the child's life. New Brunswick courts give great weight to the wishes of the parents, reflecting the long-standing principle from Morecraft v. Morecraft that there is no automatic right of access for third parties and that courts must avoid unduly interfering with a parent's right to determine their child's upbringing. A grandparent who has been a consistent caregiver, or whose relationship with the grandchild is strong and well-established, generally has a stronger case than one seeking to establish contact after years of estrangement.
What Forms Can a Contact Order Take?
A contact order in New Brunswick can take many forms beyond in-person visits, including telephone calls, video calls, text messages, and letters, under N.B. Family Law Act § 57. The court may grant a contact order for a definite or indefinite period and may impose any terms, conditions, and restrictions it considers appropriate, including supervised contact.
Contact under New Brunswick law is broader than traditional visitation. The court may provide for contact in the form of visits or by any means of communication, recognizing that meaningful grandparent-grandchild relationships can be maintained remotely when in-person visits are impractical. Section 57 also lets the court require that any contact or any transfer of the child be supervised, and it can prohibit removal of the child from a specified geographic area without written consent or a court order. Where a parenting order already exists, the court may vary that parenting order to account for a new contact order, ensuring the two orders work together. The flexibility of the contact order framework means a judge can tailor an arrangement to the family's specific circumstances — for example, monthly supervised visits, weekly video calls, or holiday contact only. Contact orders can be varied or discharged later if circumstances change.
Grandparent Contact vs. Parenting Arrangements: Key Differences
Grandparent contact orders differ fundamentally from parenting arrangements in New Brunswick: a contact order under N.B. Family Law Act § 57 grants time or communication to a non-parent, while a parenting order under section 51 allocates parenting time and decision-making responsibility between the child's parents. Grandparents seeking contact face a higher threshold than parents.
| Feature | Grandparent Contact Order | Parenting Order (Parents) |
|---|---|---|
| Statute | N.B. Family Law Act § 57 | N.B. Family Law Act § 51 |
| Who applies | Any non-parent (grandparents, siblings) | Parents or guardians |
| Legal standard | Best interests, § 50 | Best interests, § 50 |
| Default presumption | No automatic right; parents' wishes weighted heavily | Both parents presumed involved |
| Form of order | Visits or any communication | Parenting time + decision-making responsibility |
| Decision-making power | None — contact only | Includes decision-making responsibility |
| Treated as | Last resort when parents refuse | Standard upon separation |
Under Canadian terminology mandated by the 2021 amendments to the Divorce Act, courts use "parenting time" and "decision-making responsibility" rather than "custody" and "access." A grandparent contact order never grants decision-making responsibility; it provides contact only. The parent with primary parenting time retains authority over the child's upbringing, subject to the terms of any contact order.
What Factors Strengthen a Grandparent's Case?
A grandparent's case for contact in New Brunswick is strengthened by a strong pre-existing relationship with the grandchild, a documented history of regular caregiving, and evidence that contact serves the child's best interests under N.B. Family Law Act § 50. Courts are far more likely to grant contact where the grandparent previously had an established, positive bond with the child.
Grandparents who can demonstrate the following generally have stronger applications:
- A consistent, established relationship with the grandchild prior to the dispute.
- A history of providing care, such as babysitting, school pickups, or periods of living together.
- Evidence that the child benefits emotionally from the relationship.
- A cooperative attitude toward the parents and a willingness to respect parental authority.
- Absence of conflict that would expose the child to harm or stress.
Conversely, factors that weaken a grandparent's case include ongoing hostility with the parents, attempts to undermine parental decisions, a history of estrangement, or any conduct that could harm the child. Because N.B. Family Law Act § 57 requires the court to consider whether contact could otherwise occur during another person's parenting time, a grandparent who can have contact through their own adult child's parenting time may find a separate order unnecessary. The strength of the existing bond is consistently the most decisive factor in grandparent contact litigation.
How Much Does a Grandparent Contact Application Cost?
A grandparent contact application in New Brunswick costs $110 in court filing fees ($100 for the petition plus a $10 clearance certificate) under Rules of Court, Rule 72.24, though total costs rise substantially if a lawyer is retained. As of March 2026, verify the current fee with your local Court of King's Bench office.
| Cost Item | Amount (CAD) | Notes |
|---|---|---|
| Petition filing fee | $100 | Rules of Court, Rule 72.24 |
| Clearance certificate | $10 | Central Registry, Ottawa |
| Certificate of Divorce (Form 72O) | $7 | Only if divorce involved |
| Fee waiver | $0 | Rule 72.24(2) for Legal Aid / social assistance recipients |
| Lawyer (contested) | $3,000–$15,000+ | Highly variable by complexity |
Fees may be waived for individuals receiving assistance under the Family Income Security Act or whose legal services are provided through Legal Aid. The Registrar also has discretion to waive fees when a lawyer certifies that no remuneration will be paid and that the fee would cause financial hardship. Grandparents on limited incomes should explore PLEIS-NB self-help resources and the family law information line at 1-888-236-2444 to reduce legal costs. Self-representation is permitted in the Family Division, and many contact applications are resolved without a lawyer where the parties can reach agreement.
Can a Contact Order Be Changed or Cancelled?
Yes — a contact order in New Brunswick can be varied or discharged on application under N.B. Family Law Act § 57, and the court will apply the same best-interests standard from § 50 to any change. Either a grandparent or a parent may seek a variation when circumstances change materially.
Contact orders are not permanent fixtures. Under section 57, on application the court may vary or discharge a contact order, meaning the arrangement can be adjusted as the child grows or as family dynamics shift. Common reasons to seek a variation include a parent's relocation, a deterioration in the grandparent-grandchild relationship, the child expressing new preferences as they mature, or evidence that the existing order no longer serves the child's best interests. Where a parenting order already exists, the court may also vary the parenting order to take into account a contact order, and the new parenting order must be provided to the court that made the original order. Grandparents should keep documentation of how contact has functioned — such as records of visits, communications, and any incidents — because this evidence is critical if either party later seeks to change or cancel the order. The threshold for a variation is a material change in circumstances affecting the child's best interests.