British Columbia Law
Grandparents' Rights in BC: Court-Ordered Contact
When parents separate or one parent dies, grandparents sometimes find themselves cut off from their grandchildren. This is heartbreaking — and in BC, it is also legally challengeable. BC's Family Law Act gives grandparents explicit standing to apply for court-ordered contact with grandchildren.
Grandparents have legal standing in BC
Under section 59 of BC's Family Law Act, any person — including a grandparent — may apply to the court for contact with a child. You do not need to have previously had a formal role in the child's life. You simply need to be someone who has or has had a meaningful relationship with the child, or who seeks to have one.
This is broader than many grandparents realize. BC law explicitly recognizes that children benefit from relationships beyond just their parents, and courts take this seriously.
The legal test: best interests of the child
As with all family law decisions involving children in BC, the court's primary consideration is the best interests of the child. When deciding whether to grant grandparent contact, courts consider:
• The nature and history of the relationship between the grandparent and child
• Whether contact with the grandparent is likely to benefit the child emotionally, socially, and developmentally
• The views of the child (more weight given to older children)
• The impact on the child's existing relationships, including with parents
• Whether the grandparent's contact could undermine the parent-child relationship
• Any history of family violence or risk to the child
Common situations where grandparents seek contact
• After parents separate: One parent blocks the other's parents from seeing the grandchildren
• After a parent's death: The surviving parent cuts off the deceased parent's family
• After family estrangement: A parent estranges themselves from their own family, taking the grandchildren with them
• During a custody dispute: Grandparents want to maintain contact while parents are in conflict
• After relocation: One parent moves away, making contact impractical without a formal order
Does a grandparent need to have lived with the child?
No. BC law does not require grandparents to have previously lived with or had formal arrangements with the grandchild. What matters is whether a relationship exists or could reasonably develop, and whether contact serves the child's best interests.
That said, courts are more likely to grant contact orders when there is a demonstrated history of a close, meaningful relationship — regular visits, involvement in the child's life, attending school events, helping with childcare, etc.
What can grandparents actually ask for?
Grandparents can apply for:
• Contact time: Scheduled visits — by phone, by video call, or in writing
• Specific occasions: Holidays, birthdays, school events
• Regular weekly or monthly visits: Depending on the child's age, school schedule, and distance
Grandparents cannot apply for parental responsibilities (decision-making authority) unless they have been acting as a primary caregiver and can meet a higher legal threshold.
Grandparents as primary caregivers
In some families, grandparents are already the primary caregivers — because of a parent's illness, addiction, absence, or incapacity. In these cases, grandparents may apply for:
• Parental responsibilities: The right to make decisions about the child's health, education, and welfare
• Primary parenting time: The child living with the grandparent
• Legal guardianship: A formal court order recognizing the grandparent's caregiver role
These applications are treated similarly to other custody applications — the court applies the best interests of the child test and assesses each party's ability to provide care.
How to start a grandparent contact application
Step 1: Try to resolve it without court
Before filing in court, attempt direct communication with the parent(s) blocking access. Sometimes a letter from a lawyer explaining the grandparent's legal standing is enough to prompt a conversation.
Step 2: Try mediation
Family mediation can resolve grandparent contact disputes faster and at much lower cost than court. A mediator can help both parties (grandparents and parents) reach an agreement on contact terms that respects everyone's concerns.
Step 3: File in BC Provincial or Supreme Court
If informal resolution fails, grandparents may file an Application for Contact in BC Provincial Court or BC Supreme Court. The application must:
• Identify the child and their relationship to the grandparent
• Describe the history of the relationship
• Explain why contact is in the child's best interest
• Propose specific contact terms
Step 4: Consider a legal opinion first
Before filing, speak with a family lawyer who can assess the strength of your case, the likely outcome, and the most cost-effective path forward.
When courts will NOT grant grandparent contact
Courts may decline to order contact if:
• The grandparent's contact would harm or destabilize the child
• There is a history of family violence or abuse involving the grandparent
• The grandparent would undermine the child's relationship with a parent
• Contact would cause significant disruption with minimal benefit to the child
• The grandparent's behaviour during the application process has been adversarial or harmful
Practical tips for grandparents
- Document your relationship: Photos, cards, letters, and messages showing your involvement in the child's life strengthen any application.
- Avoid conflict in front of the child: Courts dislike grandparents who use the child to express grievances about a parent.
- Be specific about what you want: A clear, reasonable request (e.g., "one weekend a month and a video call every Tuesday") is easier for a court to grant than a vague claim.
- Get legal advice early: Family law applications have rules and timelines. A lawyer can help you file correctly and avoid mistakes that delay your case.
- Be patient: Court timelines in BC can be long. Mediation is almost always faster.
At Sea to Sky Law™
Andrew Liggett has more than 35 years of BC family law experience, including grandparent contact applications and complex family dispute resolution. We understand how much these relationships matter — to the grandparents, and to the grandchildren.
If you are a grandparent concerned about your access to a grandchild, contact us for a free intake call. We will explain your legal options and help you find the most effective path forward.
This article is for general information only and does not constitute legal advice.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.