Parenting Time & Decision Making

Grandparents’ Rights in Ontario

Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

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Understanding Grandparents’ Rights in Ontario 

In family law disputes, the role of grandparents can often be overlooked, despite their importance in children’s lives. Ontario law allows grandparents to apply for decision making responsibility of their grandchildren, but the legal process can be complex.   

Key Points to Consider 

  • Legal Framework: Under Ontario law, grandparents can apply to the court for decision making responsibility of their grandchildren if they can prove that it is in the child’s best interest. 
  • Access vs. Custody: Grandparents typically seek access to ensure they can maintain a relationship with their grandchildren, especially if the parents’ relationship has broken down. 
  • Factors Considered by Courts: The court will look at the relationship between the grandparent and grandchild, the wishes of the parents, and any potential disruption to the child’s well-being. 
  • Mediation as an Option: Grandparents and parents may benefit from mediation to resolve disputes about access without going through a lengthy and expensive court process. 

Conclusion

Grandparents have legal rights in Ontario, but asserting those rights requires careful navigation of the legal system. Working with an experienced family lawyer can ensure that grandparents are given a voice in the process. 

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About the author

Russell Alexander

Russell Alexander is the Founder & Senior Partner of Russell Alexander Collaborative Family Lawyers.