Being a grandparent is a special role filled with love, care, and treasured memories. However, when circumstances suddenly prevent you from seeing your grandchildren, the experience can be harrowing and confusing. During such challenging times, it’s natural to wonder about your rights as a grandparent and what steps you can take to reconnect and preserve your special bond.

While there is no written provision regarding rights specific to grandparents, like there are to parents in Alberta’s Family Law Act, grandparents do have legal pathways to request access to their grandchildren if it is in the best interest of the child. Understanding these legal frameworks and pathways is the first step toward re-establishing meaningful contact with your grandchildren.

Grandparents Rights in Alberta

In Alberta, grandparents do not have automatic rights to access their grandchildren. However, Alberta’s Family Law Act provides avenues for grandparents to seek contact or guardianship under certain conditions. Extended family can apply to the court for visitation rights, called a contact order, to maintain a relationship with the children.

This legal action is typically initiated if parents separate, divorce or one parent passes away, causing disruption in grandparents contact, or family conflicts or disagreements result in denial of contact by the child’s legal guardian, parents, or other significant person.

If there is evidence that restricted or denied access negatively impacts the child’s emotional well-being or best interests of the child, you may have a case for a contact order. When evaluating the best interests of the child the Alberta courts will typically look at the:

• The strength and significance of the existing relationship between the grandparent and grandchild.
• The reasons why the parents or guardians might have restricted or denied the grandparents contact.
• Whether granting contact benefits the child’s emotional and developmental well-being.
• The willingness and ability of grandparents to cooperate with parents and guardians.

While grandparents have the legal right to request visitation with a contact order, visitation is not guaranteed. Courts will make the ultimate decision. During this process, they will also strongly consider the wishes of children’s parents and parental objections will be carefully evaluated.

If no significant prior relationship exists, Alberta courts are generally more hesitant to grant access rights to grandparents seeking contact, as it can be more difficult to demonstrate clear benefits to the child. Grandparents seeking first-time access without an established connection often face higher scrutiny and must strongly justify their request.

On the other hand, courts are particularly supportive in cases when:

• Grandparents provided regular childcare or support.
• Grandparents had frequent visits or extended stays.
• Situations where the child has lived with the grandparents temporarily or permanently.
• Cases where the disruption in contact significantly impacts the child’s emotional well-being.

Reach out to our family lawyers, to seek legal advice, and if you have a case or any questions regarding grandparent rights.

How to Apply for Visitation Rights as a Grandparent in Alberta

If you’re a grandparent in Alberta seeking formal visitation rights, the process begins by applying with the Alberta Provincial Court (Family Division). To do so, you will need to fill out the following forms:​

1. Claim – Family Law Act (Form FL-10): This form initiates the legal process under the Family Law Act.​
2. Statement – Permission from the Court (To Apply for Contact) (Form FL-44): This form requests the court’s permission to apply for a Contact Order.​

You can download those forms here.

Your application should clearly outline why contact between the child and yourself is beneficial and necessary, demonstrating specifically how ongoing contact serves your grandchild’s emotional, psychological, and developmental needs. Presenting solid evidence, such as documentation of your previous relationship and examples of positive interactions within your grandparent grandchild relationship, will strengthen your position significantly.

The court process might initially encourage mediation before proceeding. However, if mediation is unsuccessful or not appropriate given your family’s circumstances, your application will proceed to a formal court hearing to determine your legal standing. At this hearing, a judge will carefully consider all evidence presented, always prioritizing what is ultimately in the child’s best interests.

In Alberta, there is no specific law or standard frequency stating how often grandparents should see their grandchildren. Instead, visitation frequency is determined case-by-case.

Guardianship

In Alberta, grandparents may apply for guardianship of their grandchildren under specific conditions. Guardianship is a significant legal responsibility, and a more substantial legal step than requesting visitation, as guardianship grants legal authority and responsibilities similar to those of a parent.

Guardianship applications by grandparents typically arise when:

• The child’s parents are unable or unwilling to provide proper care. Common situations include circumstances involving substance abuse, mental or physical illness, incarceration, abandonment, or death of the parents.
• The child’s physical or emotional health, or psychological safety, is at risk, requiring immediate intervention to ensure the child’s general well-being.
• Grandparents have already assumed primary caregiving responsibilities, providing stability, security, and daily care to the child. In these cases, obtaining legal guardianship formalizes the grandparents’ caregiving role, allowing them to manage essential decisions involving education, medical care, living arrangements, and overall welfare.

To apply for guardianship of your grandchildren in Alberta, you’ll need to apply with Alberta’s family courts. Application forms are available at your local courthouse or through the Alberta Courts website. A judge will consider all evidence presented, focusing on the child’s best interests, stability, and the child’s physical, psychological, and emotional well-being.

In Alberta, courts generally do not proactively ask grandparents to intervene in a child’s life without some prompting or request from the grandparents or another concerned party. However, there are rare situations usually involving child protection services or family violence where authorities might reach out to grandparents if the child’s current guardians become unable or unwilling to care for their children. In these cases, children’s services may approach grandparents first as potential caregivers before placing children in foster care, and courts may consider grandparents as guardians if they’re already providing significant care or express willingness when a child protection case arises.

Navigating Alberta’s Legal Landscape

In Alberta, grandparents have the right to seek involvement and protection under the law, but these grandparent rights are always evaluated with only the best interests of the child. The court carefully weighs parental wishes, family dynamics, and the child’s needs when granting visitation or guardianship. If you have questions about grandparent rights or would like assistance pursuing visitation or guardianship, please don’t hesitate to reach out for guidance and support.

At DLegal Law Office, we understand the complexities and sensitivities involved in grandparent rights cases. We’re dedicated to helping grandparents maintain meaningful relationships with their grandchildren and can guide you carefully through visitation or guardianship applications. For compassionate advice and strong legal representation, contact us today with your grandparent’s rights queries.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice  for more details.