Grandparents' rights

Information for grandparents who want to get access to their grandchildren through the courts

Note: Mouse over any of the terms in green type to see a definition.

Grandparents have a legal right to apply for access in British Columbia. That does not mean you automatically have the legal right to get access to your grandchild. You must demonstrate that getting access would be in your grandchild's best interests.

Even if the court makes an order giving you access to your grandchild, you will not have the same rights as a parent does. Even when a court grants access to a grandparent, the amount is usually much less than would be granted to a parent.

The court must first consider what is in your grandchild's best interests, not what is in your best interests. The court will usually respect the custodial parent(s)' wishes and be reluctant to interfere with their right to determine the course of their child's upbringing. Although it is 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. If your grandchild is old enough, the court will consider the child's view.

If there is conflict between you and the custodial parent(s), the court may find that it is not in your grandchild's best interests to order access.

If you apply for access, you must let the court know what the current custody arrangements are for your grandchild. If you want to go to court to get access to your grandchildren, you can use the self-help guides on this website for getting an initial order under the Family Relations Act in Provincial Court or in Supreme Court.

When you complete the forms in the self-help guide, remember that you are the plaintiff/applicant and your grandchild's parents and/or anyone else with whom the child resides are the defendants/respondents.

You can also apply for an order under the Divorce Act in Supreme Court, but you must first apply for permission from the court to do so. Talk to a lawyer about how to apply for permission if you want to choose this option.

Note: It is a good idea to get legal advice before making or changing a decision about access.