What are Grandparents’ Rights? Legal Considerations in British Columbia
By Tanya Thakur, Family Lawyer, Vancouver
For many grandparents, the relationship with their grandchildren is one of life’s greatest joys. But when parents separate, that bond can suddenly feel fragile, leaving grandparents worried about losing contact.
In British Columbia, grandparents do not automatically have the right to see their grandchildren. Still, the law recognizes how important these relationships can be and provides legal avenues to help preserve them. Depending on the circumstances, this may include applying for contact with a grandchild or, in some cases, even becoming a guardian.
This blog explores grandparents’ rights in BC and the legal options available under the Family Law Act (FLA) if a grandparent’s connection with a grandchild is threatened.
How Does the BC Family Law Act Affect Grandparents’ Rights?
When parents separate, the FLA sets out how courts decide issues like parenting time and contact. For grandparents, this means there are legal options to stay involved with a grandchild if that relationship is at risk.
But every decision comes back to one core principle: the ‘best interests of the child’. This test doesn’t focus on what parents or grandparents want, but on what the child needs to be safe, stable, and supported. Judges look at the child’s well-being and their meaningful family connections when deciding whether to grant contact or, in some cases, guardianship.
For grandparents, understanding how this test works is key to knowing what to expect when turning to the courts for help.
What is the ‘Best Interests of the Child’ Test?
The “best interests of the child” means decisions are based on what the child needs, not what the adults want.
To decide this, the court looks at questions like:
- Safety and security – Is the child protected from harm and family violence?
- Emotional well-being – Does the arrangement support the child’s happiness and sense of stability?
- Relationships – How strong is the child’s bond with parents, siblings, grandparents, and other important people?
- Needs and circumstances – Does the plan respect the child’s age, cultural background, health, and daily routines?
- Impact of conflict – Will the arrangement expose the child to ongoing conflict between adults?
The law is clear that decisions must support the child’s healthy development and stability. Even if adults have competing views, the child’s interests always come first.
Now that we’ve discussed how the ‘best interests of the child guides court’s decisions, let’s explore some of the legal options grandparents can consider to stay in contact with their grandchildren.
What is “Guardianship”?
Parents are presumed to be their child’s guardians from birth. Grandparents, however, are not automatically guardians and must apply to the court if they want this role.
Being a legal guardian means having the authority and responsibility to make major decisions about a child’s life, such as:
- Where the child lives.
- Which school they attend.
- Who they spend time with.
- Their medical and health care.
- And, their cultural or religious upbringing,
Grandparents can apply for guardianship if they can show that it would be in the child’s best interests.
Applications for guardianship by grandparents often arise in situations, such as:
- When a parent has died, is incapacitated, or is otherwise unable to care for the child.
- When a parent struggles with serious issues such as addiction, mental health concerns, or family violence.
- When the child has already been living with the grandparent for some time, and it makes sense to formalize that arrangement legally.
How Can Grandparents Apply for Guardianship?
To apply for guardianship, a grandparent must begin by filing an application in either the provincial or supreme court and serving it on the child’s guardians or parents.
Along with the application, they must also file an affidavit. The affidavit should explain why granting guardianship would be in the child’s best interests and describe their involvement in the child’s life.
In addition, three mandatory checks must be completed on official court forms and filed with the affidavit:
- A criminal record check.
- A protection order registry check.
- A child protection check.
These checks provide the court with a complete picture of the applicant’s history before deciding whether to grant guardianship.
When deciding on guardianship, the judge reviews the application along with the required record checks and applies the ‘best interests of the child’ test. If a grandparent’s application meets this test, the court may grant guardianship. Sometimes this is shared jointly with a parent. In other cases, the court may grant guardianship only to the grandparent if the parent is unable to take on that responsibility.
What is “Contact”?
Under the FLA, “contact” refers to time a non-guardian spends with a child. This usually applies to grandparents, extended family members, or others who play a meaningful role in a child’s life. Grandparents can apply for a contact order, which allows them to spend time with their grandchildren but does not grant decision-making authority.
Key points about contact:
- It is not the same as parenting time – Only guardians have parenting time, which includes making day-to-day decisions when the child is with them. Contact does not give decision-making authority.
- A court order or agreement is required – Grandparents or others need either an agreement with the child’s guardians or a court order to have contact.
- Best interests of the child – Contact will only be granted if it benefits the child. The court considers the strength of the existing relationship, the child’s emotional needs, and the potential effect of losing the relationship.
- Binding agreements – A contact agreement is binding only if it is made with all the child’s guardians who have parental responsibility for deciding who the child may spend time with. This means that one guardian cannot make a binding agreement on their own if another guardian also shares that responsibility. All guardians must agree for the contact arrangement to be legally enforceable.
In short, contact helps children maintain meaningful relationships, even when those relationships fall outside of guardianship or parenting.
Can Parents Limit Grandparents’ Contact with Their Children?
Under the FLA, parents’ decisions about their children’s upbringing are generally respected. This includes whether children should have contact with their grandparents. However, if a grandparent can show that those decisions are not in the child’s best interests, the court may step in.
For example, in one case, a grandmother had played a major role in her grandchildren’s early years. As the children grew older, their mother set boundaries the grandmother did not respect. The conflict between them led the court to limit visits to once a month for three hours, and only under supervision.
From this case, the court highlighted several key points:
- No presumption of benefit – Time with grandparents is not automatically considered in a child’s best interests. Grandparents must provide evidence that contact would benefit the child.
- Burden of proof –It is the grandparent’s responsibility to show that contact supports the child’s well-being. Parents do not need to prove otherwise.
- Impact of conflict – Where there is serious conflict between parents and grandparents, courts are cautious. Exposure to adult hostility can harm children, so contact may be limited or denied.
This shows that while the law values the grandparent-grandchild relationship, the court will carefully weigh whether ongoing involvement truly supports the child’s life.
Practical Tips for Grandparents in BC
- Focus on the child’s needs - Frame your involvement in terms of how it benefits your grandchild’s well-being, not just your desire to stay connected.
- Respect parental boundaries - Courts look carefully at whether grandparents support or undermine parents. Showing respect for parental decisions strengthens your case.
- Keep records - If you’ve been providing care, financial help, or daily support, keep notes or documents. This can help demonstrate the importance of your role in the child’s life.
- Consider mediation first - Mediation can often resolve disagreements about time with grandchildren while saving time, money, and stress. Instead of a judge making the decision, families meet with a neutral professional called a mediator. The mediator does not take sides but guides the conversation, ensures everyone is heard, and helps the family reach an agreement that works for the child.
- Seek legal advice early - Every family is different, and speaking to a family lawyer can help you understand the best path forward in your circumstances.
Taking these steps can help grandparents show the court, and their families, that their involvement supports the child’s well-being. While there are no automatic rights for grandparents in BC, the law does provide pathways to preserve these important relationships when they are at risk.
If you’re worried about losing contact with your grandchild, it’s best to seek advice early. At Crossroads Law, we can walk you through your options under the BC Family Law Act and help you decide on the best approach for your family. We offer free 20-minute consultations so you can talk through your situation and understand what moving forward might look like. Reach out to us today to book your consultation.
