Ontario Grandparent Decision-Making Responsibility: How Non-Parents Apply

Grandparents Have Standing to Apply in Ontario

Since the March 1, 2021 amendments to the Children's Law Reform Act, Ontario no longer uses the word "custody" in family law. The equivalent is decision-making responsibility — the legal authority to make major decisions about a child's health, education, religion, and extracurricular activities.

Under section 21(2) of the CLRA, any person who is not a parent — including grandparents, aunts, uncles, and other relatives — can apply directly to an Ontario court for a decision-making responsibility order. Generally, no leave is required to start an application. If a Divorce Act divorce action has already started, however, a related CLRA application is stayed unless the court grants leave under section 27.

This is a significant practical detail. In some Canadian provinces, non-parents must first convince a judge to let them file an application. In Ontario, you skip that step. You file your application, and the court decides the case on its merits.

What Decision-Making Responsibility Actually Means

A decision-making responsibility order gives you the legal authority that parents normally hold. Under section 20(2) of the CLRA, a person with decision-making responsibility has the rights and responsibilities of a parent regarding the child's care and upbringing.

In practical terms, this means you can:

• Enroll the child in school and make educational decisions
• Consent to medical treatment and access health records
• Apply for the child's OHIP card, passport, and other government documents
• Make decisions about the child's religious upbringing and cultural participation
• Register the child for activities and sign permission forms

Without a court order, an informal caregiver has none of these powers. A school can refuse enrollment, a doctor can refuse to share records, and a parent can show up and remove the child with no legal obstacle.

How the Court Decides: Best Interests of the Child

Standing lets you file. The outcome depends on the best interests of the child under section 24 of the CLRA.

The court considers multiple factors, including the child's needs and developmental stage, the nature of the relationship between the child and each person involved, the history of care (who has actually been looking after the child and for how long), the willingness of each person to support the child's relationship with others, and whether there is any history of family violence.

For grandparents who have been providing day-to-day care — feeding the child, getting them to school, managing medical appointments — the care history factor is particularly relevant. The court looks at what has actually been happening, not just what the legal labels say.

Which Court to File In

Ontario has three family court streams:

Ontario Court of Justice (OCJ) — Hears standalone CLRA applications. No filing fees. Cannot handle divorce or property division.

Superior Court of Justice (SCJ) — Hears all family law matters, including CLRA applications. A standalone CLRA filing is fee-exempt under O. Reg. 417/95.

Unified Family Court (UFC) — Operates in about 25 municipalities (Hamilton, Ottawa, London, Barrie, and others). Combines OCJ and SCJ jurisdiction under one roof.

If your only issue is decision-making responsibility for a grandchild, the Ontario Court of Justice is the simplest choice — zero filing fees and streamlined procedures. If a parent has commenced a divorce action, a CLRA application about the child is stayed unless the court grants leave; a non-parent may seek leave to intervene in the divorce proceeding or ask for a related CLRA application to be heard in the SCJ.

You must file in the municipality where the child habitually lives, regardless of where you live.

The Mandatory Steps

An Ontario grandparent application requires:

1. Form 8 (Application) — the main document stating what you are asking for and why
2. Form 35.1 (Affidavit) — Parts A and B. Part B is required specifically for non-parent applicants and asks for your address history since turning 18 or becoming a parent, whichever happened first, police record check details, and consent for CAS records searches
3. Police record check — dated within 60 days of filing, or proof that you have requested one (with the actual check filed within 10 days of receiving it)
4. Form 35.1A — required if the child or any party to the case has been involved in a child protection case or received services from a child protection agency

The court clerk will refuse to accept your application if Form 35.1, Form 35.1A (when applicable), or the police record check (or proof of request) is missing. This is a hard gate under Rule 35.1(6) — not discretionary.

After filing, you must serve the application on every parent and any CAS currently supervising or providing protective services to the child. Service must be done by someone other than you (a process server or any adult over 18).

If you want a detailed walkthrough of each step — from requesting your police record check through to what happens after the court issues an order — the Ontario Decision-Making Order toolkit covers the complete process with deadline trackers and filing checklists.

See more Ontario guides →