Grandparents in BC do not have automatic rights to see their grandchildren — but under the Family Law Act, they can apply to court for contact. Here is what BC law says, what courts consider, and how to protect your relationship with your grandchildren.
Do grandparents have rights to see their grandchildren in BC?
I have practised law in British Columbia since 1991, and I advise grandparents on contact and guardianship. Here is what BC law says.
Grandparents play a vital role in many BC children's lives — but when a family breaks down or a parent cuts off contact, grandparents have no automatic right to see their grandchildren. Under BC's Family Law Act (FLA), grandparents must apply to court if a parent is denying them contact and the parties cannot reach an agreement.
What the Law Says
Section 59 of the BC Family Law Act allows any person — including grandparents, aunts, uncles, stepparents, and others with a significant relationship to the child — to apply to court for a contact order. A contact order is a court order specifying the time the child will spend with a person who is not their guardian.
This is different from a parenting order, which governs guardianship and parenting time between the child's legal guardians (usually the parents). Grandparents are almost never guardians unless they have formally adopted or been appointed as guardians.
What Courts Consider
The overriding principle in all BC family law matters involving children is the best interests of the child — not the feelings or interests of the grandparents or even the parents. When a grandparent applies for a contact order, the court considers:
- The nature and history of the relationship between the child and the grandparent
- How important the grandparent's role has been in the child's life
- Whether the child wants contact (depending on the child's age and maturity)
- The impact on the child of denying contact
- The reason the parent is restricting contact
- Whether contact would disrupt the child's existing parenting arrangements
Courts give significant weight to parents' decisions about who their children spend time with. If a parent has a valid reason for restricting contact — for example, a history of conflict, concerns about the grandparent's conduct, or the child's own distress during visits — the court may decline to order contact even if the grandparent has a history of involvement.
When Are Grandparent Applications Successful?
Applications are most likely to succeed when:
- The grandparent has had a significant, established role in the child's life (regular babysitting, school pickups, holidays, etc.)
- Contact was cut off without a reasonable explanation
- The child has expressed a desire to maintain contact
- There is no history of conflict, family violence, or conduct that would make contact harmful
Applications are less likely to succeed when:
- The grandparent had limited contact with the child even before the restriction
- There is a history of conflict between the grandparent and the child's parents
- The child is very young and has no established relationship with the grandparent
Mediation Before Court
Many grandparent contact disputes can be resolved through family mediation without the expense and stress of a court proceeding. A mediator can help all parties reach an agreement about contact that serves the child's best interests. Given that courts weigh parents' decisions heavily, coming to the parents with a mediated process (rather than immediately threatening court) often produces better outcomes.
What If a Parent Has Died?
If a parent has died and the surviving parent is restricting access to the deceased parent's family, the grandparents' situation is particularly compelling — and courts recognise the value of maintaining those connections for the child.
Kinship Care: A Different Route
If a child has been apprehended by BC Child Protection (MCFD) and placed in foster care, grandparents and extended family may be considered as kinship caregivers — a preferred placement option under BC's child welfare legislation. If you want to care for a grandchild who has been placed in government care, contact a lawyer immediately.
Sea to Sky Law Can Help
Andrew Liggett BA JD CD has represented grandparents in contact applications and family law proceedings across BC for over 35 years. We understand how important these relationships are — and how to present the strongest possible case for maintaining them.
Grandparents have no automatic right to contact, but they can apply to court for a contact order under section 59 of the Family Law Act. The court will grant an order if it is in the best interests of the child.
Grandparents can apply for guardianship under the FLA, but courts generally prefer parents to be guardians unless there are serious child welfare concerns. More commonly, grandparents apply for a contact order rather than full guardianship.
The primary consideration is the best interests of the child — including the history and nature of the grandparent-grandchild relationship, the child's wishes, the reason contact is being restricted, and the impact on the child of either granting or denying contact.
Yes — parents have significant authority over who their children spend time with. But if a grandparent has a meaningful established relationship with the child and there is no valid reason for the restriction, a court may order contact over the parent's objection.
Grandparents in British Columbia do not have an automatic right to see their grandchildren. The Family Law Act focuses on the best interests of the child, and grandparents can seek contact orders when a meaningful relationship exists and seeing the grandchild supports the child's well-being.
Courts look at the existing bond, the child's wishes where appropriate, the reasons for any separation, and whether the parents are willing to support the relationship. Attempts to resolve the issue through conversation or mediation are often encouraged first.
If you are worried about losing contact, document your past time together and any recent changes. A phone or secure video consultation is a practical first step to understand your options and what a court might consider.