Grandparent Rights in New Brunswick: Contact Orders and How to Apply
Grandparent Rights in New Brunswick: How to Get a Contact Order
When parents separate, grandparents sometimes find themselves cut off from their grandchildren. In New Brunswick, grandparents don't have automatic legal rights to spend time with grandchildren — but the law does provide a path to court-ordered contact when it's in the child's best interests.
"Contact" — Not "Access" or "Custody"
Under the 2021 terminology reform, grandparents and other non-parents can apply for a contact order, which is the legal term for court-ordered time with a child for people who aren't the child's parents. This replaces the older concept of "access" for non-parents.
A contact order can include:
- Scheduled in-person visits (weekends, holidays, school breaks)
- Phone or video calls on a regular schedule
- Attendance at the child's events (school concerts, sports games)
- Any other form of communication the court deems appropriate
Contact orders are different from parenting time — grandparents don't get "parenting time" or "decision-making responsibility." Those terms are reserved for parents.
Who Can Apply
Under both the Family Law Act and the Divorce Act, grandparents can apply for a contact order. However, there's a threshold requirement: the court must first be satisfied that allowing the application is appropriate, considering the existing family circumstances.
In practice, NB courts generally allow grandparent applications when:
- The grandparent had a significant, established relationship with the child before the separation
- One parent is blocking contact without clear safety justification
- The child's wellbeing would benefit from maintaining the grandparent relationship
Courts are less likely to entertain applications from grandparents who are primarily intervening to support one parent against the other in a custody dispute, or from grandparents who had minimal involvement with the child before the separation.
Other family members — aunts, uncles, step-parents, close family friends — can also apply for contact orders if they can demonstrate a significant relationship with the child that's in the child's best interests to maintain.
The Best-Interests Test
Like all parenting matters in NB, contact orders are decided using the best-interests-of-the-child standard. The court considers:
- The existing relationship — how close was the grandparent-grandchild bond before contact was disrupted?
- The child's wishes — age-appropriate consideration of whether the child wants to see the grandparent
- Impact on the child — will court-ordered contact benefit the child, or will it increase family conflict?
- The parents' reasons — if a parent is opposing contact, is there a legitimate safety concern or is it punitive?
- Stability — how will scheduled grandparent contact fit into the child's existing routine and parenting schedule?
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How to Apply
Grandparents file an application with the Court of King's Bench, Family Division, in the judicial district where the child lives. The process follows the same Rule 72 or Rule 81 track that parents use:
- In Saint John or Moncton: File under Rule 81 through the Case Management process
- In all other districts: File under Rule 72
You'll need to serve the application on both parents (or the parent with primary care of the child). Legal Aid NB may provide assistance if you qualify financially, and the Family Law Information Centre can help with procedural questions.
Practical Considerations
If you're a grandparent seeking a contact order, prepare to demonstrate:
- Your existing relationship — photos, records of regular visits, involvement in school events, babysitting history
- The child's benefit — how maintaining the relationship serves the child's emotional, cultural, or developmental needs
- A reasonable schedule — propose specific times that don't disrupt the child's primary parenting arrangement (e.g., one Saturday per month, part of school holidays, the child's birthday)
- Willingness to respect boundaries — courts want to see that grandparent contact will stabilize the child's world, not add another layer of conflict
If both parents oppose your application, the burden on you is higher. You'll need to show clearly that the child would suffer a meaningful loss without the relationship.
When Grandparents Become Primary Caregivers
In some cases — parental incapacity, substance abuse, family violence, or child protection involvement — grandparents may seek a full parenting order rather than just contact. The Family Law Act allows non-parents to apply for parenting orders in exceptional circumstances. These cases are more complex and often involve coordination with Social Development (child protection services).
A grandparent seeking a parenting order must demonstrate that the child's best interests require them — not the parents — to be the primary caregiver. This typically involves evidence that both parents are unable or unwilling to provide adequate care.
For parents navigating how grandparent contact fits into an overall parenting plan, the New Brunswick Child Custody & Parenting Plan Guide includes provisions for non-parent contact schedules alongside the primary parenting time arrangement.
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