Do Grandparents Have Visitation Rights During A High-Conflict Divorce?

When a couple goes through a high-conflict divorce, the whole family including grandparents do too. It’s natural for grandparents to feel uncertain about their role because they might not want to take sides and continue to have a loving relationship with their grandkids. 

The law states that “ Grandparents play a fundamental role in the cohesion and transmission of values ​​in the family. It is the agent of solidarity par excellence in civil society. The minor’s personal relationships with his siblings, grandparents, and other relatives and close friends may not be impeded without just cause. ” 

In Canada, family courts prioritize the best interests of the child when determining custody, access, and visitation. Grandparents don’t have automatic visitation rights, but they can apply for court-ordered access if the judge feels like the relationship is integral to their mental and emotional well-being.

Let’s talk more about your visitations as a grandparent during a high-conflict divorce. 

In Canada, grandparents do not have an automatic right to visit their grandchildren. However, Ontario courts recognise that a relationship with grandparents is important for a child’s well-being. If you are a key figure in your grandchild’s life and their parents are preventing contact, you may be able to argue and get visitation rights. Read this blog on how you can apply for visitation rights in Ontario. 

Parents’ wishes carry a lot of weight in the court’s decisions. If one or both parents object to your visitation, your case can get complicated! If the parents are able to argue and prove to the court that grandparents visiting disrupts the child’s routine or causes confusion, the court will not grant visitation.

There aren’t strict rules of when grandparents can visit the grandkids. It also depends on who the kids live with during the separation phase and if they’re comfortable with the grandparents visiting often. 

Once the law is involved, the whole process is formalized and you can expect some restrictions on your grandparents rights. The court will create a visitation and communication routine that suits the child’s needs. 

We often get asked by divorcing parents – how can I legally keep grandparents away from my kid? Some relationships can be toxic and not beneficial to them. We ask the parents to reconsider their question and if the answer stays the same, then they have every right to keep their children protected. 

On the other hand, if you’ve already contested the parents and if the court has already ruled in your favour, the parents can’t do much. 

Here are some factors that help the court make a decision: 

• Age of the child (routines vary largely for a 3-year child versus a 15-year old) 
• Child’s relationship with the grandparents before the divorce
• Grandparents’ involvement in the child’s life
• Child’s needs, including emotional and psychological well-being
• Intensity of conflict between the parents and the grandparents
• Whether ongoing contact with the grandparents would help or harm the child

Luckily, it isn’t your final option. You can start a family mediation process and work with the parents to find an arrangement. Most cases get resolved at this step.

Under Section 21(1) of the Children’s Law Reform Act, grandparents can apply for court-ordered access if they can prove that maintaining a relationship serves the best interests of the child.

Yes, in Ontario, parents generally have the right to decide who has contact with their child, including grandparents. However, if you apply for court-ordered access, the judge will decide on a case to case basis. Parental alienation, safety concerns, or family conflict are some reasons the court may deny access.

Yes. If both parents are deemed unfit due to neglect, abuse, or incapacity, grandparents can apply for custody under the Children’s Law Reform Act . At this stage, Ontario courts evaluate whether placing the child with grandparents is the most stable and beneficial option. You will be required to provide evidence that you would be able to support the child emotionally and financially.

This blog is written for informational purposes only as answers vary from one situation to another. If you have specific questions, please reach out to us today.

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