Grandparents in Ontario have no automatic right to contact with their grandchildren, but any grandparent may apply for a contact order under section 21(3) of the Children's Law Reform Act. The application fee at the Superior Court of Justice is $214 as of January 2026, and the court decides every case on the best interests of the child.
Key Facts: Grandparent Contact Rights in Ontario
| Factor | Detail |
|---|---|
| Filing Fee | $214 application fee (Superior Court of Justice); $0 at Ontario Court of Justice |
| Waiting Period | No fixed period; contested cases average 12-24 months |
| Residency Requirement | Child must be habitually resident in Ontario for CLRA jurisdiction |
| Legal Basis | Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 21(3) |
| Governing Test | Best interests of the child (CLRA s. 24); three-part Chapman/Giansante deference framework |
Do Grandparents Have Contact Rights in Ontario?
Grandparents do not have an automatic legal right to contact with their grandchildren in Ontario, but they have full standing to apply for a court-ordered contact arrangement under Ont. Children's Law Reform Act § 21. Section 21(3) confirms that any person other than a parent, including a grandparent, may apply for a contact order. No special preference is granted to grandparents over other applicants.
Ontario law treats the grandparent-grandchild bond as one factor within the best-interests analysis, not as a standalone entitlement. When parents willingly facilitate contact, no court order is needed. The legal process only becomes necessary when parents refuse or restrict contact. At that point, a grandparent must file an application and persuade the court that ordering contact serves the child's interests. Courts begin from a position of deference to fit, attentive parents, meaning grandparents carry the burden of demonstrating that the parental decision harms the child. This framework reflects the 2001 Court of Appeal decision in Chapman v. Chapman, which remains the foundational authority on grandparent contact in the province.
What Is the Legal Difference Between Contact and a Parenting Order?
A contact order grants a grandparent time with a child, while a parenting order grants decision-making responsibility or parenting time and carries far higher legal thresholds. Under Ont. Children's Law Reform Act § 18, "contact" means the time a child spends in the care of a person other than the child's parents. Most grandparents seek contact orders, not parenting orders.
The 2021 modernization of Ontario family law replaced older terms with new ones across both the CLRA and the federal Divorce Act. "Custody" became "decision-making responsibility," "access" became "parenting time" or "contact," and "custody order" became "parenting order." A grandparent seeking decision-making responsibility faces two extra procedural requirements that a parent does not: they must file a recent criminal record check, and they must request that the local children's aid society confirm whether it holds an open file on the grandchildren. These steps exist because awarding a non-parent decision-making authority displaces parental rights, which Ontario courts treat as an exceptional remedy reserved for situations where parents cannot safely care for the child.
Which Law Applies: The CLRA or the Divorce Act?
The Children's Law Reform Act applies when parents were never married or are separated without divorcing, while the federal Divorce Act applies when parents are divorced or actively divorcing. This distinction determines the procedure a grandparent must follow and whether court permission is required before filing.
Under the Ont. Children's Law Reform Act § 21, a grandparent may file a contact application directly, without first obtaining the court's permission. The federal route is more restrictive. Under Divorce Act § 16.5, a person who is not a spouse, such as a grandparent, must first obtain "leave" of the court before bringing a contact application. This leave requirement adds a preliminary step and a separate hearing. Practically, this means grandparents of children whose parents never married face a simpler path than grandparents of children whose parents are divorcing. The Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), governs the federal stream and was substantially amended effective March 1, 2021, when the leave requirement and the new contact-order terminology took effect.
How Much Does It Cost to File a Grandparent Contact Application in Ontario?
The application fee to start a grandparent contact case at the Superior Court of Justice is $214 as of January 2026, while filing at the Ontario Court of Justice costs nothing. Additional fees include $445 to list a matter for a hearing and federal fees only where a divorce claim is attached. As of January 2026. Verify with your local court office.
Ontario indexed its court fees to inflation effective January 1, 2026, adjusting amounts every third year based on the Ontario Consumer Price Index. The court you file in drives your cost. The Ontario Court of Justice charges no filing or listing fees in family proceedings, only nominal copying charges. The Superior Court of Justice and its Family Court Branch charge the table fees. A grandparent who cannot afford these costs may apply for a fee waiver, which eliminates most court fees for eligible low-income applicants. Beyond filing fees, the largest expense is legal representation. A contested grandparent contact case in Ontario commonly costs $15,000 to $50,000 or more in lawyer fees, depending on whether the matter resolves at a conference or proceeds to trial.
| Cost Item | Amount (2026) | Court |
|---|---|---|
| Application filing fee | $214 | Superior Court of Justice |
| Application filing fee | $0 | Ontario Court of Justice |
| Listing for hearing | $445 | Superior Court of Justice |
| Answer (no divorce claim) | $171 | Superior Court of Justice |
| Federal divorce registry fee | $10 | Where divorce claim attached |
| Fee waiver | $0 (if eligible) | Both courts |
What Test Do Ontario Courts Use to Decide Grandparent Contact?
Ontario courts apply a three-part deference test drawn from Chapman v. Chapman (2001) and refined in Giansante v. Di Chiara (2005): courts defer to a fit parent's decision unless a positive grandparent-grandchild relationship exists, the parent's decision imperils that relationship, and the parent has acted arbitrarily. All three must be satisfied to override parental judgment.
The overarching standard remains the best interests of the child under Ont. Children's Law Reform Act § 24. The paramount consideration is always the child's physical, emotional, and psychological safety, security, and well-being. Section 24 lists factors including the child's need for stability, the strength of the child's relationship with the grandparent, and the child's own views and preferences where appropriate. In B.F. v. A.N., 2024 ONCA 94, the Court of Appeal reaffirmed that parental decision-making authority carries significant weight and cannot be displaced without clear evidence of harm to the child. The 2016 amendments under Bill 34 added express references to grandparents in section 24's best-interests factors, requiring judges to specifically weigh the love, affection, and emotional ties between a child and a grandparent rather than treating that bond as incidental.
When Will an Ontario Court Order Grandparent Contact?
An Ontario court will order grandparent contact only when a pre-existing positive relationship has been disrupted by a parental decision that the court finds arbitrary or contrary to the child's best interests. Courts grant contact in roughly the minority of contested cases, reflecting strong deference to attentive parents under the Chapman framework.
The most successful applications arise where a grandparent previously played a central caregiving role, such as providing regular childcare or housing the grandchild, and a family rupture, often following the death of a parent, divorce, or a parental dispute, severed that bond. Courts are far less receptive where contact would expose the child to ongoing parental conflict, where the grandparent had only an occasional relationship, or where the grandparent seeks to undermine parental authority. Under the Chapman framework, a court will not substitute its judgment for that of a demonstrably attentive parent simply because contact might benefit the grandparent. The grandparent must prove the parental refusal actually harms the child. This high threshold means many grandparents resolve disputes through mediation or negotiated agreements rather than litigation, preserving relationships and avoiding the $15,000-plus cost of a contested hearing.
What Steps Are Involved in Applying for a Contact Order?
Applying for a grandparent contact order in Ontario involves five core steps: completing the application form, filing at the correct courthouse, serving the parents, attending case conferences, and presenting evidence at a hearing. The process typically spans 12 to 24 months for contested matters.
A grandparent begins by completing the General Application (Form 8) under the Family Law Rules, identifying the contact order sought. The application is filed at the Superior Court of Justice or Family Court Branch serving the child's jurisdiction, with the $214 fee or an approved fee waiver. The grandparent must then serve the application on both parents, who may file an Answer (Form 10). Ontario family procedure requires a case conference before most contested motions, giving the parties a chance to settle with judicial input. If no settlement occurs, the matter proceeds through settlement conferences and ultimately a hearing or trial where each side presents affidavit and oral evidence. Throughout, courts encourage mediation, and Ontario offers free or low-cost mediation services at many family courthouses. Grandparents seeking decision-making responsibility must additionally file a criminal record check and a children's aid society records request.
How Long Does a Grandparent Contact Case Take in Ontario?
A contested grandparent contact case in Ontario typically takes 12 to 24 months from filing to final order, while uncontested or mediated arrangements can conclude in two to four months. There is no statutory waiting period, but court scheduling and mandatory conferences extend timelines.
The duration depends heavily on the level of conflict and the court's caseload. Cases that resolve at an early case conference, where a judge facilitates discussion within the first few months, finish fastest. Matters requiring multiple conferences, expert assessments under section 30 of the CLRA, or a full trial take significantly longer. Ontario's family courts experienced substantial backlogs following 2020, and many regions still report delays of a year or more to reach trial. Grandparents can shorten the timeline by pursuing mediation before or during litigation, by presenting well-organized affidavit evidence, and by narrowing the issues in dispute. Interim contact may be ordered on a motion while the case proceeds, allowing a child and grandparent to maintain their relationship before final resolution. The cost and delay of contested litigation are the primary reasons most Ontario families resolve grandparent contact disputes through negotiated agreements.