The rights of grandparents to see grandchildren after a divorce

By LegalMatters Staff • Most grandparents love to see their grandchildren. But if the children’s parents divorce, grandparents may find they are not welcome to continue these visits.

“Alberta’s Family Law Act sets out the rules on guardianship, parenting and contact rights pertaining to children,” says Edmonton family lawyer Emily Gore. “Nothing in the Act specifically gives grandparents a right of contact with their grandchildren since there is no assumption that children have a right to a relationship with them.”

However, she says solutions can be found to keep the connection alive.

“The easiest arrangement is for all parties to agree on a fixed schedule for the grandparents to see the grandkids, such as the first Saturday of the month,” says Gore. “All arrangements should be in writing and signed by the guardians and grandparents in front of witnesses.”

She says it is a good idea to retain a lawyer when drafting this agreement to ensure it is legally binding.

“A lawyer can also act as a mediator, especially if there is animosity between the parents and grandparents,” says Gore. “Some lawyers work as mediators, such as Sean Schaefer and Mark Demas at Demas Schaefer Family Law.”

If the parents and grandparents cannot agree on a schedule, she says another option is for the grandparents to apply to the court for a contact order.

“That is a legally binding document that sets out the terms governing visits between the child and the grandparent, such as the duration, timing and location,” says Gore. “It should also include how they can communicate before and after the visit.”

To understand what factors the court considers when asked to grant a contact order, she advises people to read the Alberta Court of King’s Bench decision in LO v. KS.