Contact Orders

Section 16.5 of the Divorce Act deals with “contact orders”. It came into force on March 1, 2021. This section empowers a court to make an order for a non-spouse to have contact with a child(ren), on application by that non-spouse. These non-spouses can include grandparents, aunts, uncles, etc.

In most situations, the parent facilitates the relationship between the child and their grandparents, aunts, and other extended family. However, on separation, there may be a breakdown in the relationship between the parent and the non-spouse.

The court process starts similar to proceedings in other family law cases, except that the non-parent needs the permission of the court to request a contact order (16.5(3) of the Divorce Act). This is to reduce unnecessary litigation given that “contact orders” could otherwise be widespread.

The application for a contact order can be an original application or a variation of a past order.

The outcome of a contact order is determined by the courts, if the parties cannot agree. An contact order can be made on a temporary or final basis.

Courts consider all relevant factors when making a contact order. These factors can include:

• Whether contact between the non-spouse and child could happen in some other way;
• Previous interactions and level of care with the child; and,
• The ability to discuss matters regarding the child in a neutral manner.

A child’s views and preferences are also relevant, specifically when the child is older.

Parties involved in contact proceedings should include:

• Child’s parents
• Individual(s) requesting contact order
• Individual who cared for the child immediately before the application, if different than the child’s parents.

If you would like to learn more about contact orders, contact us at 905.707.3370.