Grandparents in Northwest Territories can apply for a contact or access order to maintain a relationship with a grandchild. Applications proceed under the Children's Law Act (SNWT 1997, c.14), section 17, where the Supreme Court decides every case using the best interests of the child standard. Filing costs approximately $200 CAD as of April 2026.
Grandparent contact rights Northwest Territories cases are governed by two overlapping legal frameworks: the territorial Children's Law Act for most families, and the federal Divorce Act when the grandchild's parents are divorcing or already divorced. Unlike the United States, where many states grant grandparents standing by statute, Northwest Territories law gives grandparents no automatic right to contact. Instead, a grandparent must demonstrate to the Supreme Court of the Northwest Territories that ongoing contact serves the child's best interests. This guide explains the statutes, the application process, the leave-of-court threshold, filing fees, and how the forthcoming Bill 23 amendments will reshape grandparent access.
Key Facts: Grandparent Contact in Northwest Territories
| Item | Detail |
|---|---|
| Filing Fee | Approximately $200 CAD (Statement of Claim / originating application); total court costs $400-$600 CAD with service and motions |
| Waiting Period | 60-day appeal period after a divorce judgment before it becomes final under the Divorce Act |
| Residency Requirement | Child must be habitually resident in NWT, or one spouse resident in NWT for at least 1 year for Divorce Act matters |
| Grounds | Best interests of the child standard under Children's Law Act § 17 |
| Property Division Type | Equalization of family property under the Family Law Act (not applicable to contact applications) |
What Legal Rights Do Grandparents Have in Northwest Territories?
Grandparents in Northwest Territories have no automatic legal right to contact, but they do have the right to apply to the Supreme Court for an access order under Children's Law Act § 17. The court grants access only when it determines, on the evidence, that contact serves the best interests of the child. There is no presumption in favour of grandparent access.
The Children's Law Act (SNWT 1997, c.14) is the foundational territorial statute. Under section 17(1), the merits of any custody or access application "shall be determined in accordance with the best interests of the child, with a recognition that differing cultural values and practices must be respected." This cultural-respect clause is distinctive to the Northwest Territories and reflects the significant Indigenous population, where extended-family caregiving and kinship ties carry recognized weight. A grandparent does not need to prove the parents are unfit to obtain an access order — that higher threshold applies only to custody (now "parenting") applications. For straightforward grandparent contact, the access route is the appropriate and lower-threshold path.
Which Law Applies: Children's Law Act or the Divorce Act?
The Children's Law Act applies to most Northwest Territories grandparent contact cases, while the federal Divorce Act applies only when the grandchild's parents are actively divorcing or already divorced. The distinction matters because the Divorce Act allows grandparents to seek a "contact order" under section 16.5, whereas the territorial Act uses "access order" terminology until Bill 23 takes effect.
If the grandchild's parents are married and getting divorced in the Northwest Territories, a grandparent applies under the federal Divorce Act. Section 16.5(1) states a court "may, on application by a person other than a spouse, make an order providing for contact between that person and a child of the marriage." If the parents were never married, are separated but not divorcing, or one parent has died, the grandparent applies under the territorial Children's Law Act instead. Both frameworks apply the best-interests test, and both are heard by the Supreme Court of the Northwest Territories. A family lawyer can confirm which statute governs based on the parents' marital status and whether a divorce proceeding is already underway.
Do Grandparents Need Leave of the Court to Apply?
Under the federal Divorce Act, grandparents must obtain leave (permission) of the court before applying for a contact order, per section 16.5(3). This leave requirement is a screening step designed to filter out applications unlikely to serve the child's interests. Under the territorial Children's Law Act, a non-parent applicant may also face a leave requirement depending on the procedural posture of the case.
The leave threshold is the first hurdle for any grandparent third party visitation request. Divorce Act section 16.5(3) provides that "a person may make an application under subsection (1) or (2) only with leave of the court, unless they obtained leave of the court to make an application under section 16.1." At the leave stage, the court typically considers whether the grandparent had a strong, pre-existing relationship with the grandchild and whether terminating contact would harm the child. Courts are more likely to grant leave and ultimately order contact where the grandparent previously played a meaningful, ongoing role in the child's life. A grandparent seeking grandparent access in Northwest Territories should gather evidence of that prior relationship — photos, communication records, and witness statements — before filing.
How Does the Court Decide Best Interests in NWT?
The Supreme Court of the Northwest Territories decides every grandparent contact case using the best-interests-of-the-child test in Children's Law Act § 17. The court weighs the child's emotional ties, the strength of the existing grandparent relationship, the child's cultural heritage, any history of family violence, and the child's own views where age-appropriate. Economic circumstances cannot be considered under the Act.
The Children's Law Act sets out a structured best-interests analysis. After the section 17(1) standard, the Act lists considerations in determining best interests, a further consideration regarding acts of family violence, consideration of past conduct, and an express rule that economic circumstances may not be considered. Under the federal Divorce Act, section 16 directs courts to consider "the nature and strength of the child's relationship with each spouse, each of the child's siblings and grandparents and any other person who plays an important role in the child's life." This explicit reference to grandparents strengthens a grandparent's position in Divorce Act proceedings. Northwest Territories courts also weigh the maximum-contact principle and, critically, the cultural-values recognition unique to section 17(1), which can support kinship-based contact arrangements common in Indigenous communities.
Contact Order vs. Parenting Order: What's the Difference?
A contact order grants a grandparent specified time or communication with a grandchild without any decision-making authority, while a parenting order grants decision-making responsibility over the child's life. Most grandparents seek a contact order because it has a lower threshold and does not require proving the parents are unfit. A parenting order is reserved for situations where a grandparent effectively raises the child.
Understanding this distinction is essential before filing. A contact order (Divorce Act s.16.5) or access order (Children's Law Act s.17) provides scheduled visits, phone calls, or video contact. It does not give the grandparent authority over the child's education, health care, or religion. A parenting order, by contrast, transfers decision-making responsibility and parenting time — the legal authority once called "custody." Grandparents pursue parenting orders only in serious cases, such as where both parents are deceased, incarcerated, or unable to care for the child. The table below compares the two routes.
| Feature | Contact / Access Order | Parenting Order |
|---|---|---|
| Statute | Divorce Act s.16.5 / Children's Law Act s.17 | Divorce Act s.16.1 / Children's Law Act s.17 |
| Decision-making authority | None | Yes |
| Threshold | Best interests; pre-existing relationship | Must show parents unable or unfit |
| Typical use | Grandparent visits and communication | Grandparent raising the child |
| Leave required | Yes (s.16.5(3)) | Yes, for non-parents |
What Are the Filing Fees and Court Costs?
The filing fee to commence a grandparent access application at the Supreme Court of the Northwest Territories is approximately $200 CAD, with total court costs typically reaching $400-$600 CAD once service and motion fees are added. As of April 2026, fee figures reported across sources range from $0 to $450 CAD. Verify the current amount directly with the Supreme Court Registry before filing.
Northwest Territories court fees are modest compared with legal representation costs. The Supreme Court Registry in Yellowknife is located on the Third Floor, 4903-49 Street, open Monday to Friday, 9:30 AM to 4:00 PM. Additional costs include service of documents ($50-$200 depending on method), motion filing fees ($100-$200 each), and any required mediator or assessment expenses. The Northwest Territories does not operate a formal court fee waiver program comparable to some provinces. However, the Legal Aid Commission of the Northwest Territories may provide representation for qualifying low-income applicants in family matters. Filing must be done in person on paper; the court does not permit electronic filing. Registry locations include Yellowknife, Hay River, and Inuvik. As of April 2026, verify with your local clerk.
What Is the Application Process Step by Step?
A grandparent applies for contact by filing an originating application or motion with the Supreme Court of the Northwest Territories, serving the parents, and presenting evidence at a hearing. The full process from filing to a final order typically takes 4 to 12 months, depending on whether the parents contest the application and whether mediation is ordered.
The practical steps are as follows:
- Confirm which statute applies — Divorce Act (parents divorcing) or Children's Law Act (all other situations).
- Seek leave of the court where required, demonstrating a pre-existing relationship with the grandchild.
- File the originating application or motion at the Supreme Court Registry and pay the approximately $200 CAD fee.
- Serve the application on both parents or guardians within the timelines set by the Rules of Court.
- Attend any court-ordered mediation — the Northwest Territories is one of only three Canadian jurisdictions that explicitly authorize courts to order mediation in access disputes.
- Prepare affidavit evidence showing the relationship's strength and the harm of severing contact.
- Attend the hearing, where the judge applies the section 17 best-interests test and issues an access or contact order.
How Are Grandparent Access Orders Enforced?
When a grandparent's access has been wrongfully denied, Children's Law Act § 30 gives the Supreme Court broad enforcement powers, including ordering compensatory access. Section 30(2) authorizes the court to "make such orders as it considers appropriate" when satisfied that access was wrongfully denied, making the Northwest Territories one of the few jurisdictions with explicit access-enforcement remedies.
Enforcement is a meaningful protection for grandparents who already hold an order. Under Children's Law Act § 30, if a parent wrongfully denies court-ordered access, the grandparent can return to court and the judge may order compensatory (make-up) contact, appoint a mediator, or impose other appropriate terms. Section 30(4) addresses the opposite problem — failure to exercise access without reasonable notice — allowing the court to order supervision, reimbursement of expenses, or contact-information disclosure. The guiding principle throughout the Act is that access is a right of the child, not the adult. Grandparents should document every denied visit in writing, as a clear record strengthens any enforcement application. A family lawyer can advise on whether the facts meet the "wrongfully denied" standard.
How Will Bill 23 Change Grandparent Rights in NWT?
Bill 23, An Act to Amend the Children's Law Act, will replace "custody" and "access" orders with "parenting" and "contact" orders, aligning Northwest Territories law with the 2021 federal Divorce Act reforms. The new contact-order framework is expressly designed to recognize relationships with significant non-parents such as grandparents. The bill was tabled in 2025 and modernizes the best-interests test.
Bill 23 represents the most significant grandparent custody and contact reform in a generation. The plain-language summary indicates the amendments will: replace custody and access terminology with parenting and contact orders; update the best-interests-of-the-child test; add a list of family-violence factors a judge must weigh, including any civil or criminal proceeding affecting the child's safety; and import the Divorce Act's relocation framework, which the current Children's Law Act lacks. For grandparents, the headline change is the new contact order — a dedicated mechanism for non-parents, mirroring Divorce Act section 16.5. Once in force, grandparents pursuing contact under territorial law will use the same modern terminology and best-interests framework that already applies in divorce cases. Until proclaimed, the existing "access order" route under section 17 remains the operative path.