Contact Order for Grandparents in Manitoba Under the Family Law Act

When a Parent Cuts Off Contact

Sometimes the problem isn't that you've taken on a grandchild — it's that you've been shut out of their life. A parent may stop visits, block phone calls, or refuse to let you see a child you've helped raise. In Manitoba, grandparents and other relatives can apply for a contact order through the Court of King's Bench (Family Division) to maintain that relationship.

A contact order isn't guardianship. It doesn't give you decision-making authority or change where the child lives. It establishes your legal right to spend time with the child — and it's enforceable by the court if the parent refuses to comply.

The Legal Basis: The Family Law Act

Manitoba's Family Law Act (C.C.S.M. c. F20) replaced the older Family Maintenance Act and updated the language around children's arrangements. Under the current law:

• "Custody" is now "decision-making responsibility" — who makes major decisions about health, education, culture, and upbringing
• "Access" is now "parenting time" — the schedule of physical care
• "Contact" — a separate category for non-parents (including grandparents) who want legally protected time with a child

The court evaluates all applications under the best interests of the child standard. Your relationship history with the child, the child's views (if old enough), and whether contact would disrupt the child's stability all factor into the decision.

How to Apply for a Contact Order

Contact order applications are filed at the Court of King's Bench (Family Division). The main registries are located at:

• Winnipeg: 408 York Avenue
• Regional centres: Brandon, Dauphin, Portage la Prairie, The Pas, Thompson

The process:

1. Prepare your application. For a contact order under section 40 of The Family Law Act, file Form 70E (Notice of Application) with a supporting affidavit. Form 70A.1 is a Joint Petition for Divorce, not a contact-order form. If you're responding to an existing proceeding, you'd file Form 70J (Answer).

2. Pay the filing fee or request a waiver. Court filing fees apply, but low-income applicants can file a Fee Waiver Application with proof of EIA or low-income status.

3. Give notice and serve the documents. Notice must go to the child's parents and guardian, the child if they are 12 or older, anyone with court-ordered access or contact, and anyone else the court directs. Follow Rule 70 for service. If required service isn't possible, ask the court about substituted service.

4. Triage and dispute resolution. The court requires parties to participate in triage screening. Where safe and appropriate, you'll be directed to a family dispute resolution process before a full hearing. The Family Resolution Service at Manitoba Courts provides brief consultations to help you understand what to expect.

5. Hearing. A judge evaluates your application based on the best interests of the child and issues a binding order — or declines the application.

What Strengthens a Contact Order Application

Judges consider the overall context. A grandparent who has been a consistent, positive presence in a child's life has a stronger position than someone seeking contact after years of absence. Relevant factors include:

• History of involvement: Have you regularly cared for the child? Attended school events? Provided financial or practical support?
• The child's wishes: For older children, the court considers their preference (though it's not determinative)
• Existing conflict: If contact would expose the child to ongoing parental conflict or instability, the court weighs that against the benefit of maintaining the relationship
• Safety: Any history of domestic violence, substance abuse, or child protection concerns involving the applicant will weigh against the order

Contact Orders vs. Guardianship

These are different applications with different outcomes:

If you're already raising the child and need legal authority for school, medical, and benefit purposes, a guardianship order is the more comprehensive route. If the child lives with a parent but you want to preserve your relationship, a contact order is the appropriate tool.

Getting Legal Help

Before filing anything, consider these free resources:

• Legal Aid Manitoba (1-800-261-2960) provides free legal representation for qualifying low-income Manitobans in family law matters
• CLEA's Law Phone-In (204-943-2382) offers free legal information and a 30-minute lawyer consultation referral
• The Legal Help Centre (204-258-3096) provides drop-in clinics for self-represented people with household income under $50,000

If your situation involves both maintaining contact and navigating financial supports for a child you're partially caring for, the Manitoba Kinship Financial Help Guide covers the full spectrum — from court forms to benefit applications — in one structured walkthrough.

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