Do grandparents have legal rights to see their grandchildren in Alberta?

Yes, under Alberta's Family Law Act, grandparents can apply to the court for a contact order to spend time with their grandchildren. The court will consider the best interests of the child, including the nature of the relationship between the grandparent and grandchild.

Can grandparents get custody of grandchildren in Alberta?

Yes, grandparents can apply for custody (guardianship) in Alberta, though courts typically prefer to place children with parents when possible. Grandparents may be granted custody if parents are unable to care for the child due to issues like substance abuse, mental health, incarceration, or death.

How do I apply for grandparent visitation rights in Alberta?

To apply for grandparent visitation, you must file an application with the Court of King's Bench (formerly Court of Queen's Bench). You'll need to complete Form FL-2 (Application) and provide an affidavit explaining your relationship with the grandchild and why contact is in the child's best interests.

What factors do Alberta courts consider for grandparent contact orders?

Alberta courts consider: the existing relationship between grandparent and child, the child's physical, emotional and psychological needs, the child's views (if old enough), any history of family violence, the willingness of the grandparent to support the child's relationship with parents, and the impact of contact on the child's well-being.

Can parents legally prevent grandparents from seeing grandchildren?

Parents generally have the right to decide who has contact with their children. However, if grandparents can demonstrate that contact is in the child's best interests and that denial of access is harmful, courts may grant a contact order over parental objections. This is more likely when grandparents have an established, meaningful relationship with the grandchild.

How long does a grandparent rights case take in Alberta?

A grandparent rights case typically takes 6-12 months from filing to final order, though this varies based on court schedules and case complexity. Urgent applications for interim contact can be heard within weeks. Mediation may resolve matters faster than going to trial.

Grandparents' Legal Rights in Alberta: Complete 2026 Guide

Understanding your rights to maintain a relationship with your grandchildren under Alberta law.

Last updated: January 2026 | 15 min read

1. Overview of Grandparents' Rights in Alberta

Grandparents play a vital role in their grandchildren's lives, providing love, stability, and a connection to family history. When family relationships become strained due to divorce, separation, or conflict, grandparents may find themselves cut off from their grandchildren. Alberta law recognizes this important relationship and provides legal mechanisms for grandparents to maintain contact.

Under Alberta's Family Law Act, grandparents are specifically recognized as individuals who may apply for contact with a child. This doesn't automatically guarantee visitation rights, but it does give grandparents legal standing to ask the court to preserve their relationship with grandchildren when parents refuse access.

The key principle underlying all grandparent rights cases is the best interests of the child. Courts will only grant grandparent access if it benefits the child's well-being. This means demonstrating that your relationship with your grandchild is meaningful, positive, and contributes to their development.

Key Point:

In Alberta, grandparents have the legal right to apply for contact with grandchildren, but must demonstrate that such contact serves the child's best interests.

2. The Legal Framework

Grandparents' rights in Alberta are governed primarily by the Family Law Act (FLA), which came into force in 2005. This legislation replaced the older Domestic Relations Act and significantly expanded the rights of extended family members, including grandparents.

Key Provisions

Section 35(1): Allows any person (including grandparents) to apply for a contact order with respect to a child
Section 18: Defines "contact" as the time a person who is not a guardian spends with a child
Section 35(2): Requires the court to consider the best interests of the child in making contact orders
Section 77: Lists factors the court must consider in determining best interests

Types of Legal Remedies

Grandparents in Alberta can pursue several legal options:

Contact Orders

Court-ordered time with grandchildren, similar to visitation rights. Most common remedy for grandparents.

Guardianship

Full parenting responsibility when parents cannot care for the child. Includes decision-making authority.

Parenting Time

If granted guardianship, grandparents can seek parenting time orders specifying schedules.

Intervention in Existing Cases

Joining ongoing custody proceedings between parents to advocate for grandparent contact.

3. Applying for Contact Orders

A contact order is the most common legal tool for grandparents seeking to maintain relationships with grandchildren. Unlike guardianship, contact orders don't give grandparents decision-making authority over the child. They simply establish a legal right to spend time together.

When to Apply for a Contact Order

Consider applying for a contact order when:

Parents have denied access without reasonable cause
Family conflict (such as divorce) has disrupted your relationship
One parent is preventing contact despite the other parent's wishes
A parent has passed away and the surviving parent denies access
Children have been removed from parental care by child welfare

What You Must Prove

To obtain a contact order, you must demonstrate:

Existing Relationship: You have an established, meaningful relationship with the grandchild
Best Interests: Continued contact serves the child's emotional, psychological, and developmental needs
Support for Parents: You will encourage and support the child's relationship with their parents
No Harm: Contact will not expose the child to conflict, danger, or negative influences

Important Warning:

Courts are reluctant to interfere with parental decisions. If you have no established relationship with the grandchild, or if there are legitimate reasons for the parents' concerns, your application may be denied.

4. Grandparent Custody Options

While contact orders are the most common remedy, some grandparents may need to pursue custody (guardianship) of their grandchildren. This is appropriate when parents are unable or unwilling to provide proper care.

Situations Where Grandparent Custody May Be Appropriate

Both parents have passed away or are incapacitated
Parents are incarcerated for extended periods
Parents have substance abuse issues affecting their parenting ability
Mental health issues prevent parents from safely caring for children
Child protective services have intervened
Parents have abandoned the child
There is evidence of child abuse or neglect

Types of Guardianship

Sole Guardianship

Full parenting authority granted to grandparent(s), with parents having limited or no involvement in decision-making.

Joint Guardianship

Shared decision-making between grandparents and one or both parents. May include specific allocation of responsibilities.

Temporary Guardianship

Short-term arrangement while parents address issues preventing them from caring for the child.

5. Factors Courts Consider

Alberta courts evaluate multiple factors when deciding grandparent contact or custody cases. Understanding these factors helps you prepare a stronger case.

Primary Best Interest Factors

Existing Relationship Quality

The court examines the nature, strength, and history of your relationship with the grandchild. A close, loving relationship established over years is highly persuasive.

Child's Physical and Emotional Needs

How does contact with you benefit the child? Consider stability, emotional support, educational assistance, cultural connection, and continuity.

Child's Views and Preferences

Depending on age and maturity, the court may consider what the child wants. Older children's preferences carry more weight.

Any History of Family Violence

The court carefully considers any allegations or evidence of violence, abuse, or harmful behavior involving any party.

Impact on Child's Stability

Will contact disrupt the child's routine, cause conflict, or create instability? Courts favor arrangements that minimize disruption.

6. The Application Process

Applying for grandparent contact or custody involves several steps. Here's what to expect:

Step-by-Step Process

Attempt Resolution First

Try to resolve the matter through direct communication, family meetings, or mediation before going to court. Document your efforts.

Consult a Family Lawyer

Get legal advice about your specific situation, the strength of your case, and the best strategy to pursue.

Prepare Your Application

Complete Form FL-2 (Application) and prepare a detailed affidavit describing your relationship with the grandchild and why contact is beneficial.

File with the Court

Submit your application to the Court of King's Bench. Pay the filing fee (approximately $260 in Alberta).

Serve the Parents

Properly serve your application documents on both parents (or guardians). They have a right to respond.

Attend Court Hearing

Present your case at the hearing. The judge may order a custody evaluation or family assessment to help make a decision.

Timeline and Costs

Stage	Typical Timeline	Estimated Cost
Initial Consultation	1-2 weeks	$0-$300
Application Preparation	1-3 weeks	$1,500-$3,000
Filing to First Hearing	2-4 months	$260 (filing fee)
Resolution/Trial	6-12 months total	$5,000-$25,000+

7. Frequently Asked Questions

Need Help With Grandparents' Rights?

Our experienced Edmonton family lawyers understand the emotional complexity of grandparent cases. We can help you understand your options and protect your relationship with your grandchildren.

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