A Contact Order is a legal directive that sets out the terms under which a grandparent or other non-guardian may have access to a child. Courts consider these requests carefully and grant them only when necessary for the child's well-being.

In Alberta, as per section 35(3) of the Family Law Act, a grandparent does not require permission from the court to make an application for a Contact Order if:

Their child (the parent of the grandchild) has separated from the other parent or one of them has died, and
The grandparent’s contact with the child has been disrupted due to this separation or the death of the guardian.

If the parents are together and refuse to allow contact, the grandparents must obtain the court’s permission to apply for a Contact Order.

The primary legislation governing Contact Orders in Alberta is the Family Law Act. According to Section 35(5) of this Act, before issuing a Contact Order, the court must be satisfied that:

Risk of Harm: The child's physical, emotional, or psychological health would suffer if contact is denied.
Unreasonable Denial: The refusal of contact by the parents or guardians is unreasonable.

The onus is on the grandparent to show that lack of contact would be detrimental to the child and that the guardians’ decision to deny contact is not justified.

Another legislation that governs Contact Orders for married couples is the Divorce Act, Which states in section 16.5(1) the following:

“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.”

In the case of VW v AT, A grandparent was initially granted a Contact Order despite parental objections, which were based on concerns about the grandparent's beliefs and attitudes. On appeal, the court overturned the order, concluding that the proper legal test had not been applied.

The Court noted that section 18 of the Family Law Act includes various factors to consider when evaluating a child's best interests. However, in this case, it ruled that the parent's position and the right to make decisions for their child carried the most weight. This case underscores the importance of adhering to the established legal criteria when assessing applications for Contact Orders.

In another case, Clarke v Hancharuk, a grandparent who had played a key role in a child’s upbringing successfully obtained a Contact Order. The court ruled that maintaining the relationship served the child's best interests. This highlights how substantial prior involvement can be a factor in favor of granting access.

In another instance, in DLL v CCL, a court denied a grandmother’s request for a Contact Order despite her previous involvement with the child. The decision was based on the finding that the relationship was not significant enough to warrant court intervention. This demonstrates the courts’ emphasis on evaluating each case individually and prioritizing the child’s overall well-being.

For grandparents seeking a Contact Order, the legal threshold is high. Courts assess whether denying contact would negatively impact the child and whether the parents’ refusal is unreasonable. Each case is evaluated based on its specific facts, with the child's best interests as the primary consideration. Prior involvement in the child's life can play a crucial role in the court’s decision-making process.

At Stokes Law, we understand the complexities and emotional challenges that come with seeking a Contact Order as a grandparent. Our experienced family law team is here to guide you through the legal process, helping you present a strong case that prioritizes the best interests of the child. Whether you are considering an application or responding to one, we are committed to providing clear, strategic, and compassionate legal support. Contact us today to discuss your options.

Grandparent Rights in Alberta: Applying for a Contact Order