Do grandparents have a right to see their grandchildren? Or can other family members also be granted access, such as aunts, uncles, step brothers or sisters, etc.?

Of course. Other family members, (i.e. individuals who are not biological or adoptive parents) may be granted access to your child if they can show to the court that they have an existing close relationship with the child and that ending the relationship will have a negative impact on him or her.

However, you should be aware of the “parental autonomy approach” discussed in Chapman v. Chapman 201 D.L.R. (4th) (Ont. C.A.). This case acknowledged that relationships with extended family members are important and beneficial to children and if they are imperiled arbitrarily, due to the reorganization of a family after separation or death, then the courts may intervene.

However, if a family is intact, and a parental decision is made which limits access, and it is not proven to be detrimental or contrary to the best interests of the child then the courts will show deference to the parents’ authority because they alone have the legal duty and are responsible for the welfare of their children. Therefore, if a family is intact it may be harder for a third party to be granted access if it is contrary to the parents’ decision (according to the parental autonomy approach).

However, if the parents are separated/divorced or if one is deceased then it may be easier and the courts may be more willing to grant access to a third party to ensure the continuation of the relationship shared between the child and the third party if it is in the best interests of the child to do so.