Grandparent Access Application
Grandparent–grandchild bonds can be a vital source of love, stability, cultural identity, and family history. Those ties are sometimes disrupted after a separation or divorce. Ontario law allows grandparents to ask the court for appropriate orders to preserve or restore a child’s relationship with them—always with the child’s best interests as the governing test.
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Depending on the facts, grandparents may seek:
Contact Orders (time by phone/video or in person, including holidays and special occasions).
Parenting Time (where a grandparent has provided day-to-day care or the child has lived primarily with the grandparent).
Decision-Making Responsibility (formerly “custody”) in exceptional cases—typically where parents are unwilling or unable to meet the child’s needs and the grandparent has been acting as primary caregiver.
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Examples that may support an order include:
A longstanding, positive relationship abruptly cut off without a child-centred reason.
A grandparent who has acted as a primary or de facto caregiver (kinship care).
Safety or welfare concerns about the child in a parent’s care (substantiated).
High-conflict gatekeeping by a parent that is harming the child’s emotional well-being.
Conversely, courts proceed cautiously where:
Parental decisions are reasonable and child-focused, and the child is thriving; or
Grandparent involvement would likely exacerbate conflict or undermine the child’s routine and stability.
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Your materials should set out:
A clear proposal for the child’s care and upbringing (schedule, hand-offs, transportation, communication).
Your history of involvement in the child’s life (dates, frequency, roles).
Any prior family/criminal proceedings and outcomes.
How your plan supports the child’s relationships with parents and other caregivers.
Any risk or safety information, with specifics and documentation.
Why Choose Haider Khan Legal?
Haider Khan Legal assists grandparents seeking contact with a grandchild when an agreement otherwise cannot be reached and a court application may be necessary. We explain the child-focused legal test, assess the existing relationship and evidence, and develop a strategy centred on catering to the child’s best interests.
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