Grandparent Contact Order vs Parenting Time in Ontario: Which One Do You Need?

Two Different Legal Tools for Two Different Situations

Ontario's Children's Law Reform Act (CLRA) gives grandparents and other non-parent relatives two distinct routes to secure time with a child through the court. Which one you need depends on what is actually happening in your family.

A contact order gives you scheduled time with the child. You can see them, care for them during that time, and maintain your relationship — but you do not make major decisions about their life.

Decision-making responsibility gives you the legal authority to make major decisions about the child's health, education, religion, and upbringing. It is what you need if you are raising the child or need to act as a parent.

These are not interchangeable, and choosing the wrong one wastes months in court.

Contact Orders Under Section 21(3)

A contact order under section 21(3) of the CLRA is designed for grandparents and relatives who want to maintain a relationship with a child but are not the primary caregiver. The most common scenario: a parent is blocking you from seeing your grandchild, and you need the court to establish a schedule.

What a contact order gives you:

• A court-enforced schedule of time with the child (weekends, holidays, specific days)
• The right to communicate with the child (phone, video calls)
• Legal standing that a parent cannot unilaterally override

What a contact order does not give you:

• Authority to make decisions about the child's school, healthcare, or religion
• The ability to enroll the child in school or consent to medical treatment
• Primary care or residential authority

A contact order is enforceable. If a parent violates it by refusing your scheduled time, you can ask the court to enforce the order. But it is a lighter order — suited for maintaining a relationship, not for raising a child.

Decision-Making Responsibility Under Section 21(2)

If you are the person raising the child — they live with you, you take them to school, you handle doctor's appointments — a contact order is not enough. You need decision-making responsibility under section 21(2).

This gives you the legal rights and responsibilities of a parent under section 20(2) of the CLRA for the decisions covered by the order. Schools, hospitals, ServiceOntario, and the passport office may require a certified copy with specific terms before recognizing your authority.

When decision-making responsibility is the right choice:

• The child lives with you full-time or primarily
• You need to enroll the child in school, consent to medical care, or apply for a passport
• A parent is absent, unable to care for the child, or poses a risk
• Institutions are refusing to deal with you because you have no legal authority

Standing: Both Are Available to Grandparents

Under the CLRA, grandparents and other non-parent relatives have statutory standing to apply for either type of order without needing prior permission from a judge. Section 21(2) covers applications for decision-making responsibility. Section 21(3) covers applications for contact.

This is not the case in every Canadian province. Ontario's approach is relatively open — you can file directly without first proving to a judge that you should be allowed to apply.

The Filing Requirements Differ

Both applications start with Form 8 (Application) and require you to attend the Mandatory Information Program. But the supporting documentation differs:

For decision-making responsibility:

• Form 35.1 affidavit including Part B (non-parent disclosures)
• Police record check dated within 60 days before starting the claim
• CAS records search for every municipality you have lived in since age 18
• Form 35.1A if any party has CAS history

For a contact order:

• Form 35.1 affidavit (Part A only — Part B is required only for decision-making applicants)
• No mandatory police record check (though the court may request one)
• No mandatory CAS records search

The lighter filing requirements for contact orders reflect the lower level of authority being sought. The court still evaluates both applications against the best interests of the child factors under section 24(3).

When a Parent Is Blocking Access

If a parent has cut off your contact with a grandchild and you want to restore that relationship, a contact order is usually the starting point. You do not need to prove the parent is unfit — you need to show the court that contact with you serves the child's best interests.

The court considers factors like the existing relationship between you and the child, the child's views (if old enough), and whether contact would create conflict that harms the child. A long-established caregiving relationship strengthens your case significantly.

If the situation is more serious — the child is at risk, the parent cannot provide adequate care, you are already the primary caregiver — decision-making responsibility is the appropriate application.

Getting the Right Order

Choosing between a contact order and decision-making responsibility is one of the first practical decisions in the filing process. The Ontario decision-making order toolkit covers both paths, including the court selection, filing requirements, and hearing preparation for each type of application.

See more Ontario guides →