Do grandparents have rights?

I overheard a discussion regarding “Grandparent’s Rights” while watching a reality television show (don’t judge me). A short time later, another lawyer I know asked if I knew anything about grandparents’ rights in family law. Many parents and grandparents tend to be uncertain about the legislation and their options regarding so-called “grandparents’ rights.”

The question is, do grandparents have rights? The answer is yes and no.

The Family Law Act recognizes the significance of children’s ties with grandparents and other relatives. However, grandparents are not automatically entitled to spend time with their grandchildren. In these situations, the emphasis is on the rights of the children, not the “rights” of parents or grandparents.

Even if the parents disagree, grandparents (as well as stepparents, other family members, and “people concerned with the welfare or development of a child”) have the legal right to petition the Court for orders for children. If the Court deems that it is in the children’s best interests, it may issue orders directing parents to enable contact between grandparents and grandchildren.

Such orders may contain specific dates for the grandchildren to see their grandparents, as well as instructions for communication between them (such as phone calls, Facetime, letters, etc.). In some cases, grandparents and other non-parents have successfully applied for children to live with them, but this is rare.

The Court’s decision on the Orders requested by grandparents is based on the individual facts of the case. The children’s well-being will always come first. The Court will also take into account any risk to the children in your care (or the care of their parents), your current and previous relationships with the children, minimizing the children’s exposure to conflict, the impact of separation from parents or grandparents on the children, any practical difficulty, cultural considerations, and, depending on the children’s ages, their wishes.

In most family law cases, court should be a last option. Court is expensive, time-consuming, and will almost certainly have an impact on your relationship with your family. Litigation may expose children to conflict. Before grandparents or anyone else can seek court orders, they must first attempt to resolve the issue through family dispute resolution. This technique aims to obtain an agreement without going to court. There are also some fantastic services available to help families strengthen their relationships.

If you are being refused contact with your grandkids, the first step is to try to make an agreement with their parents (or whoever they are living with). If you are concerned about your grandchildren’s welfare or safety, you have other options outside of the family law system. However, before making any judgments, you should speak with a family law specialist.