Grandparents’ Rights in Ontario: What the Court Really Looks At

Grandparents can be a major source of stability for a child. But in Ontario, parenting time and
decision-making responsibility are not automatic. The court decides everything based on the
child’s best interests (CLRA, s. 24).

Here’s what helps most.

1) Keep it child-focused (always)

The court isn’t deciding who is “right” in the family conflict. It’s deciding what arrangement best
supports the child’s well-being and stability.

2) Show a real, ongoing relationship

Evidence should demonstrate a meaningful bond and consistent presence, such as

• photos of ordinary, positive time together (shows connection),
• examples of routines you supported (school pickups, meals, bedtime, appointments),
• proof of regular involvement over time (not just occasional visits).

The stronger the history, the stronger the case.

3) File a clean, credible affidavit

Your affidavit should explain:

• what role you’ve played in the child’s life,
• how you meet the child’s emotional and practical needs,
• how your involvement benefits the child now.

Avoid anger, blame, or long disputes with the parents—courts often view that as credibility-
damaging.

4) Demonstrate stability and cooperation

Courts want to see that you can support the child without increasing conflict:

• willingness to follow schedules and boundaries,
• respectful communication,
• support for the child’s relationship with both parents.

This matters because the court is protecting the child from adult tension.

5) Use neutral third-party evidence when appropriate

If available, letters/notes from professionals can help:

• teachers/childcare (they see the child’s behaviour and stability),
• doctors/therapists (needs and supports, where appropriate),
• social workers (observations of caregiving and family dynamics).

Neutral evidence can carry weight because it’s not “sides.”

6) Remember: no automatic right

Grandparents must show a sufficient interest in the child’s life and then prove the requested
parenting arrangement is in the child’s best interests. Courts do not assume grandparent
involvement is always beneficial.

The strongest grandparent applications are simple and child-centred: relationship + stability + cooperation + credible evidence.