The information in this section is for grandparents who want to know how they may be able to reconnect or maintain contact with their grandchildren. This section is also for grandparents who may be making an application to the court for contact or interaction with, their grandchildren.
This section contains information about different ways of communicating, or negotiating, that may help you to come to an agreement without going to court. There is also information about how to find a lawyer and get legal advice, information about contact interaction, and information about services that may be helpful to you.
There is no legal requirement for a grandparent to have contact with their grandchildren. It is usually up to the parents to allow visits and communication between their children and the grandparents, or any other extended family member. If parents are not allowing this to happen, you may need legal help to be able to visit or talk with your grandchildren. If so, you should speak with a lawyer. Only a lawyer can tell you what your rights are, what to expect from the court process, or what you should or shouldn’t do in your situation.
If you cannot hire a lawyer, consider other ways to get legal advice:
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get a lawyer through Nova Scotia Legal Aid (nslegalaid.ca)
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meet with a Summary Advice lawyer (contact your local family law court)
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access a lawyer through an Employee Assistance Plan or a lawyer referral service (legalinfo.org)
If this is your situation you may ask the court for a contact order or an interaction order with your grandchild.
Contact order
Generally, contact between a child and others such as grandparents, a stepparent, or other extended family members will take place during parenting time.
A court may make a contact order where it is not possible for contact to take place during a parent’s parenting time, and it is the child’s best interest to have contact with, for example, a grandparent.
Applications under the Parenting and Support Act permit a grandparent to directly apply for contact time. As a grandparent you may ask the court for a contact order. In your application you would likely be expected to explain your connection with the child, why you are unable to see the child during either parent’s time with the child, and why it is in the child’s best interest to have a contact order in place to maintain the connection. An order for contact time under the Parenting and Support Act may include in person time, as well as other forms of contact such as telephone calls, texts or video chats.
A grandparent may also apply for a contact order under the Divorce Act. The process under the Divorce Act is different from the process under the Parenting and Support Act. Under the Divorce Act, the grandparent must ask the court for permission to make an application. This is called seeking ‘leave’ of the court. This means that the grandparent seeking a contact order would first have to explain why it is in the child’s best interest for the court to consider the application, and if appropriate the court would consider the application. The Divorce Act directs judges to consider if contact with the child could otherwise happen during one of the parent’s time with the child.
A contact order under the Divorce Act may be in place for a specific period of time, or continue until changed, and include in-person time as well as other forms of contact such as telephone calls, texts or video chats.
Interaction order (under the Parenting and Support Act)
Applications under the Parenting and Support Act allow important people in a child’s life to ask for interaction time with the child. Grandparents may ask the court for an interaction order. You would likely be expected to explain your connection with the child, why you are unable to see the child during either parents’ time with the child, and why it is in the child’s best interest to have an interaction order in place to maintain the connection. An order for interaction time under the Parenting and Support Act may include the ability to attend specified activities of the child; send gifts to and receive gifts from the child; communicate with the child whether orally, in writing or by other means; and receive from a person designated in the order, photographs of the child and information regarding the health, education and well-being of the child.
Under the Parenting and Support Act and Divorce Act the judge must look at whether contact time or interaction may happen with the help and support of a parent or guardian. In other words, is an order necessary in this case?
Services
There are services offered in several of the courts in Nova Scotia that can help grandparents get legal advice, or to make a court application. These services differ from court to court, so check with the court where you are making your application.
Learn more about these services here: intake, court-based ADR ('conciliation'), mediation, settlement conferences, assessments, collaborative family law, Parenting Information Program, supervised parenting time/exchange, and the Family Law Information Program.
Getting Legal Advice & Finding a Lawyer
If you are trying to reconnect with your grandchildren, or are involved with, or going to be involved with, the court, it is always a good idea to speak with a lawyer. Only a lawyer can give you legal advice about your situation. Court staff and other legal information providers cannot give you legal advice. Court staff are not allowed to recommend or advertise any paid services, so they cannot give you a list of private lawyers. Learn more about getting legal advice and finding a lawyer here.
Importance of Extended Family
When parents separate, children often need their extended families more than ever. The grandparents and the extended families on both sides of the family can be a resource for the parents and the children. Sometimes the extended family abandons a parent and their children or takes sides. Learn more about the importance of extended family here.
Practising Good Communication
Good communication is important in all relationships. Children benefit from a respectful and cooperative relationship between all parties involved in their upbringing. It is important to have effective communication skills when dealing with the parties involved in the raising of a child. Learn more about practising good communication here. Learn more about family violence here.
Community Agencies & Resources
For a listing of agencies and services available in Nova Scotia, please go to Community Agencies & Resources.