Grandparents in Calgary who've lost contact with grandchildren after a divorce, separation, or family estrangement often ask the same question: do I have any legal right to see them? Alberta's Family Law Act provides a path — but it's not an automatic right.
There Is No Automatic Right to Contact
Alberta law doesn't grant grandparents an inherent legal right to access or contact with their grandchildren. Instead, the Family Law Act allows grandparents (and certain other people with a significant relationship to the child) to apply to the court for a contact order.
What the Court Considers
When a grandparent applies for contact, the court's central focus is the best interests of the child — not the grandparent's own wishes or the underlying family conflict. Relevant factors typically include:
- The existing relationship between the grandparent and child before the application
- Each parent's views and reasons for restricting contact
- Whether contact would be beneficial or disruptive to the child's stability and wellbeing
- Any safety or wellbeing concerns raised by either parent
Why Parental Objections Aren't Automatically Decisive
Courts give real weight to a parent's decision-making authority, but a parent's objection to grandparent contact isn't automatically the end of the analysis — particularly where the grandparent previously played a significant, positive role in the child's life.
Practical Steps Before Going to Court
- Attempt mediation or a direct conversation with the parent(s) first — courts often expect to see that reasonable efforts were made before litigation
- Document the nature and history of your relationship with the grandchild, since this evidence matters significantly
- Consider whether a structured, limited arrangement (rather than an all-or-nothing outcome) might be more realistic and more likely to succeed
Frequently asked questions
Can grandparents apply for parenting time, or only "contact"?
Grandparents typically apply for contact orders, which are more limited than parenting time or guardianship, though the specific application depends on the grandparent's role in the child's life.
Does it matter if the grandparent helped raise the child?
Yes — a grandparent who played a significant caregiving role has a stronger basis for a contact application than one who saw the child only occasionally.
What if both parents agree grandparent contact isn't appropriate?
The court will still consider whether contact serves the child's best interests, but a united parental position significantly affects the practical outcome of an application.
This article provides general information about Alberta family law and is not legal advice. Book a consultation with GSD Law Group to discuss a grandparent contact application.
Contact GSD Law Group: Westwinds (403) 455-2151 · Savanna (403) 475-2157
