Understanding Contact Orders and Grandparents’ Rights in Alberta

Do Grandparents have rights?

While each individual family is unique, many families rely on and enjoy the love and support of their grandparents. However, when families experience great change, such as when the parents of a child separate or divorce, there is often the question by either the grandparents, the parents or both: What are the rights of the grandparent?

In Alberta grandparents do not have an assumed right for visitation, or as it is often referred to, contact, with their grandchildren. To see a child a grandparent must seek a ‘contact’ order from the Court. There are several steps that must be taken by a grandparent to be granted contact, and these can be granted if the parents are separated, remain together or if one parent has deceased.

A Contact Order sets out the allowed contact of the party with the child, such as visits and phone calls, and how often it occurs. The contact between the grandparent and the child must be found by the Court to be in the ‘child’s best interests’.

What does the law say?

In Alberta, two main pieces of legislation are the Alberta Family Law Act and the Divorce Act.

The Alberta Family Law Act applies to situations where parents are unmarried or in a common-law relationship, also referred to as Adult Interdependent Partners (“AIPs”). The Family Law Act focuses on the child’s best interests when determining parenting and access arrangements. Section 35(5) of the Family Law Act outlines the test for granting a Contact Order. Where the parents are still together, grandparents must first seek permission from the court before applying for a Contact Order, although there are exceptions. They will also need to inform the child’s parents or guardians of the court application. A grandparent does not require the permission of the court to make an application for contact where:

(a) the guardians are the parents of the child and

(i) the guardians are living separate and apart, or

(ii) one of the guardians has died,

and

(b) the grandparent’s contact with the child has been interrupted by

(i) the separation of the guardians, or

(ii) the death of the guardian.

The Divorce Act applies to divorced or separating married couples who are going through or have gone through the Divorce process. Similar to the Family Law Act, it prioritizes the child’s best interests in determining parenting and contact arrangements. Section 16.5(1) allows that a court of competent jurisdiction may, on application by a person other than a spouse, make an order providing for contact between that person and a child of the marriage.

What Factors do the Courts Consider?

When deciding whether to grant a Contact Order, the court will take various factors into account. The court’s primary concern will always be the child’s well-being. Aspects that the court will consider is the significance of the relationship, if any, and how necessary such an order would be to facilitate the contact that is being proposed. Significantly, the court will consider as noted in 16(5)(a) whether the child’s physical, psychological or emotional health would be jeopardized if contact between the child and the person for whom contact with the child is proposed is denied, and whether (b) the guardians’ denial of contact between the child and the person for whom contact with the child is proposed is unreasonable.

The court will also consider the reasons behind the grandparent’s request for contact, and the conduct of the grandparent historically and in the present. This factor is paramount, and failure to act in good faith can be a significant blow to any application.

Often, Contact applications come as a result of a grandparent being denied visits or communication with their grandchild. Where the guardian parent or parents are in significant conflict with the grandparents, it can be their wish to limit or cease contact with the grandparents. Where there is hostility, or conflict between the parties, and such conflict could impact the child, the courts will play close attention.

What are some examples of Case Law in Alberta?

In Watson-Pratt v Pratt, 2023, ABPC 34, the court found that the conflict between the parties was unstable and toxic in the extreme. Ultimately, the court found it was not in the best interests of the child to be put in the middle of the guardian parent and the grandparents, and that ultimately the child must be protected from real, unrelenting and unmanageable conflict.

In contrast, in SSS v MDW, 2025 ABKB 114, the court found that the guardian parent’s relationship with the grandparents despite not being the best, was not irretrievable nor poisonous. The court ruled that a denial of contact would jeopardize the child’s physical, psychological or emotional health, and that the denial of contact in all the circumstances was unreasonable.

It is important to note that where contact is ordered, there is often an obligation for the parties to act in good faith, and to put the child or children first.

What’s Next?

When dealing with an application for Contact, the process can seem overwhelming. Whether as a grandparent making an application or the parent responding to an application, our dedicated and experienced Family Law team is prepared to guide you through the process.

This article is intended for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.