Grandparents' access rights

As a grandparent, you have a legal right to apply for access in British Columbia. That does not mean you automatically get the right to have access visits with your grandchild.

When the court decides whether to give you access, it looks at three things:

• whether it’s in your grandchild's best interests
• what the parent(s) who have custody think about giving you access
• what the child's views are (if the child is old enough)

Although it's normally in a child's best interests to have contact with extended family members, generally the child's parents will decide the amount and type of access — unless a court finds they are acting against the child's best interests in denying the access. The courts hesitate to interfere with the custodial parent(s)' right to manage their child's upbringing. That means you'll have to show that it's in your grandchild’s best interests to have contact with you. It also means that, if you have a conflict with the child's parent(s), the court may find that it is not in your grandchild's best interests to order access for you.

Even if the court makes an order giving you access, you will not have the same rights as a parent would when it comes to frequency and length of visits.

How to apply for access

If you decide to go to court to get access to your grandchild, you can use our self-help guides (you will need to apply for what is known as an "initial family order"). To get to the guides, first decide which court you will use: Most people apply in Provincial Court for access under a law called the Family Relations Act — unless the parents are getting a divorce, in which case you can apply in Supreme Court as part of that proceeding (you will have to get permission from the court to do so — talk to a lawyer first if you choose this option).

Tip: It's a good idea to get legal advice before applying to get or change an access order.