When parents separate, the changes to family relationships often extend beyond the immediate household. Grandparents who previously played an important role in their grandchildren’s lives may suddenly find themselves with limited opportunities to spend time together. In some circumstances, contact may stop entirely, particularly where family disagreements become contentious.
For grandparents who have maintained close relationships with their grandchildren, these changes can raise questions about whether they have legal options to preserve those connections. In British Columbia, the Family Law Act provides a framework through which grandparents and other non-guardians may seek contact with a child.
However, the ability to apply for contact does not mean that grandparents are automatically entitled to spend time with their grandchildren. The central consideration is whether the proposed arrangement serves the child’s best interests.
Do Grandparents Have Legal Rights to See Their Grandchildren in B.C.?
Under British Columbia’s Family Law Act, grandparents do not have an automatic right to contact with their grandchildren simply because of their familial relationship.
Nevertheless, section 59 expressly recognizes that a court may grant contact with a child to someone who is not their guardian. Grandparents may therefore apply for a contact order when an arrangement cannot be reached with the child’s guardians.
The Court will assess the family’s circumstances to determine whether the proposed contact would be in the child’s best interests.
Understanding the Difference Between Parenting Time and Contact
British Columbia family law distinguishes between parenting time and contact with a child. Although both involve spending time with a child, they apply to different legal relationships.
Parenting Time
Parenting time generally refers to time a child spends with a parent or another person who is legally recognized as their guardian. Guardians may also exercise parental responsibilities, including making important decisions about the child’s upbringing, healthcare, and education.
Contact
Contact, by contrast, refers to time or communication between a child and someone who is not their guardian. Grandparents, extended family members, stepparents, and other individuals with meaningful connections to the child may fall within this category. A contact arrangement does not give the person parental responsibilities or decision-making authority.
How Does the Court Determine Whether Grandparent Contact Is Appropriate?
Under section 37 of the Family Law Act, the child’s best interests are the only consideration when a court makes an order concerning guardianship, parenting arrangements, or contact.
Relevant considerations include:
- The child’s physical and emotional well-being;
- The child’s views, where appropriate;
- The nature and strength of the child’s relationships with significant people;
- The history of the child’s care;
- The child’s need for stability;
- The ability of the person seeking contact to meet the child’s needs; and
- Any family violence or circumstances affecting the child’s safety and well-being.
The nature of the existing grandparent-grandchild relationship can be particularly relevant. Grandparents who have regularly provided childcare, participated in family activities, or maintained consistent communication may have an established relationship that informs the best-interests assessment. However, an existing relationship does not guarantee that contact will be ordered.
What Happens When Parents Oppose Grandparent Contact?
Disagreements about grandparent contact may arise for several reasons. One parent may support continued involvement while the other opposes it. Alternatively, both parents may object because of longstanding disagreements, concerns about boundaries, or issues involving the grandparent’s conduct.
Parental opposition does not automatically prevent the Court from making a contact order. However, the Court may consider the reasons for the opposition, the impact of family conflict on the child, and whether the proposed arrangement would undermine the child’s stability or well-being.
Where allegations of family violence or safety concerns arise, those issues must also be considered within the statutory best-interests framework.
Can Grandparents Seek Contact Without Going to Court?
A court application is not always necessary. Grandparents may continue spending time with their grandchildren through informal arrangements with the child’s parents or guardians, including regular visits, holiday gatherings, or telephone conversations.
Where a more structured arrangement is required, section 58 of the Family Law Act permits a child’s guardians and a non-guardian to enter into a contact agreement. For the agreement to be binding under the legislation, it must involve all guardians who have parental responsibility for deciding with whom the child may associate. A written contact agreement filed with the Court is enforceable as though it were a court order.
How Can Grandparents Apply for a Contact Order in British Columbia?
Where an agreement cannot be reached, a grandparent may apply for a contact order under section 59 of the Family Law Act.
These applications are commonly brought in the Provincial Court of British Columbia, although the Supreme Court also has jurisdiction over certain family law matters. Procedures vary depending on the court, location, and whether other family proceedings are underway.
Applications generally identify the proposed contact arrangement and explain why it would serve the child’s best interests. Depending on the circumstances, an order may provide for in-person visits, holiday contact, telephone or video calls, or supervised contact. The Court may impose conditions governing the frequency, duration, or circumstances of contact.
Can Grandparents Apply for Guardianship Instead of Contact?
In some circumstances, grandparents may seek a more substantial role in their grandchildren’s lives than a contact order would provide. For example, grandparents who have assumed primary responsibility for a child’s care may have questions about obtaining legal guardianship.
Unlike contact, guardianship can involve parental responsibilities and decision-making authority. However, guardianship and contact are distinct legal arrangements with different requirements.
Grandparents do not automatically become guardians because they have provided significant care or maintained close relationships with their grandchildren. Non-parent guardianship generally requires a court order and involves additional considerations under the Family Law Act.
Can an Existing Grandparent Contact Order Be Changed?
A contact order does not necessarily remain unchanged throughout a child’s childhood. Under section 60 of the Family Law Act, a court may change, suspend, or terminate an existing contact order where there has been a change in the child’s needs or circumstances since the order was made. This may include changes arising from another person’s circumstances.
Changes in a child’s developmental needs, family relationships, living arrangements, or safety considerations may become relevant. The Court must continue to assess the child’s best interests when determining whether a modification is appropriate.
Grandparent Contact After Separation: The Child’s Best Interests Come First
Parental separation can significantly affect relationships between children and their extended families. Although grandparents may experience uncertainty when contact becomes restricted, British Columbia’s family law framework recognizes that children can have meaningful relationships with individuals beyond their parents.
The Family Law Act provides grandparents with an avenue to seek contact where an agreement cannot be reached. However, every application depends on the child’s circumstances, the nature of the relationship, and whether the proposed arrangement would support the child’s best interests.
Contact Meridian Law Group for Trusted Advice on Grandparent Contact and Parenting Disputes in Vancouver
The Vancouver family lawyers at Meridian Law Group assist clients with grandparent contact applications, parenting arrangements, guardianship disputes, and other family law matters throughout Vancouver, Burnaby, Richmond, Surrey, and throughout British Columbia. Contact us online or call (604) 913-7465 to discuss your circumstances today.
