Can a Grandparent Get Canada Child Benefit Without Custody?

The short answer: yes. A court order helps, but it is not required. The Canada Child Benefit is based on who actually provides primary care and control of the child, and the CRA has a clear process for grandparents and other relatives to prove that without a custody document.

What the CRA Actually Requires

Section 122.6 of the federal Income Tax Act defines the eligible individual for the CCB as the person who primarily fulfils the responsibility for the care and upbringing of the child. The CRA evaluates this by looking at daily living factors:

• Who prepares the child's meals and manages daily routines
• Who supervises hygiene needs and medical appointments
• Who registers the child for school and community activities
• Who provides the child's primary home and companionship

These are factual questions about who the child lives with and who handles day-to-day care. A court order is strong evidence, but it is only one form of evidence — and the CRA accepts several alternatives.

Proof That Works Without a Court Order

When you file Form RC66 without a custody order, attach as many of these supporting documents as you can:

• School enrolment letter naming you as the primary contact with the child's home address as your address
• Doctor's letter confirming the child is your patient's dependent and resides at your home
• CAS confirmation letter stating the child has been placed with you or resides in your care
• Statutory declaration — a sworn statement before a commissioner of oaths describing your care arrangement (available free at many Ontario legal clinics)
• Utility bills or lease showing you maintain the household where the child lives

The CRA evaluates the evidence you provide. Submit consistent documents that show the child's primary care and control is with you.

When the Parent Is Still Claiming

A common complication: the biological parent continues to receive CCB payments even though the child no longer lives with them. Your RC66 submission triggers the CRA to investigate and transfer entitlement. You do not need the parent's consent or cooperation for this to happen.

Once the transfer is processed, the CRA:

1. Starts paying you the CCB from the month after the child moved to your home
2. Terminates the parent's payments
3. Pursues recovery of any overpayments the parent received after losing primary care

If the parent files a dispute, the CRA may ask for additional documentation from you. This is where having multiple forms of proof matters — the school letter plus the doctor's note plus a statutory declaration is much harder to contest than a single document.

The Practical Sequence

1. File Form RC66 with the CRA as soon as the child moves in — do not wait for a court process that may never be necessary
2. Attach your strongest proof-of-care documents
3. Continue filing your annual tax return (and your spouse's) to keep payments flowing
4. If the CRA requests more information, respond promptly with additional documentation

A decision-making responsibility order under the Children's Law Reform Act can set out your legal authority for the decisions covered by the order, but it is not a prerequisite for the CCB. Many grandparents wait months or years thinking they need custody first, and lose thousands of dollars in benefits they were already entitled to.

For the complete CCB application walkthrough, including what to do if the CRA denies your initial claim and how to appeal a determination, our Ontario Kinship Financial Help guide provides the step-by-step process alongside every other benefit available to relatives raising a child in Ontario.

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