Grandparents in New Brunswick do not have automatic rights to see their grandchildren, but they can formally apply for a “Contact Order” under the Family Law Act. The court’s primary consideration is always what is strictly in the best interests of the child. The filing fee for a standard application is $75 CAD.
When a family breaks apart due to divorce, separation, or the tragic death of a parent, extended family members often suffer quietly. Grandparents, in particular, may find themselves suddenly cut off from grandchildren they love dearly. If you live in Edmundston, Sussex, or anywhere else in New Brunswick, being denied access to your grandchildren can be emotionally devastating.
This practical guide explains exactly how New Brunswick law handles grandparent visitation disputes. We will outline the legal steps required to request a Contact Order, what critical evidence the court looks for, and how a local family lawyer can help successfully restore your cherished relationship with your grandchildren.
Step-by-Step Process for Grandparent Contact Orders in New Brunswick
The legal framework in this province prioritizes the child’s well-being above all else. Under Section 34 of the New Brunswick Family Law Act, anyone-including grandparents-can apply for a Contact Order. However, overcoming the parents’ initial objections requires a very strategic approach.
Step 1: Attempt Alternative Dispute Resolution (ADR)
Judges at the Court of King’s Bench strongly prefer that families resolve these highly emotional disputes outside of a courtroom. Your very first step should be proposing family mediation. A neutral third-party mediator can help you and the parents openly discuss the underlying issues without the extreme stress of litigation.
If the parents refuse to attend mediation or completely ignore your requests, documenting these failed attempts is crucial . It proactively shows the judge that you acted reasonably and exhausted all peaceful options before resorting to legal action.
Step 2: Gather Evidence of the Grandparent-Child Bond
To win a Contact Order, you must actively prove that spending time with you is fundamentally in the child’s best interests. The court will heavily weigh the existing bond between you and the grandchild. You need to gather concrete evidence of your past involvement in their daily life.
Prepare photographs, past text messages showing your involvement, and records of babysitting or attending school events 📸. You must construct a compelling narrative that suddenly removing you from the child’s life would cause the child significant emotional harm or unnecessary distress.
Step 3: Complete and File a Notice of Application
If mediation fails, it is time to formally petition the court. You will need to complete a Notice of Application (Form 73A) and draft a highly detailed Affidavit. Your Affidavit is your sworn written testimony. It must clearly outline your past relationship with the child, why contact was cut off, and your proposed visitation schedule.
It is vital that your proposed schedule does not aggressively interfere with the parents’ decision-making responsibility or their own parenting time . Keep your requests modest and reasonable-such as one weekend afternoon a month or a weekly phone call-to increase your chances of legal success.
Step 4: Attend the Hearing at the Court of King’s Bench
Once your documents are filed and served, a court date will be officially scheduled. At the hearing, the judge will carefully review both your Affidavit and the parents’ response. The judge inherently respects the authority of fit parents to make decisions for their children, so the burden of proof rests heavily on you, the grandparent.
If the judge determines that contact is indeed beneficial for the child and will not cause undue family conflict, they will legally issue a Contact Order explicitly detailing when and how you can see your grandchildren.
| Factors the Court Considers | Factors the Court Ignores |
|---|---|
| The child’s physical, emotional, and psychological needs. | The grandparent’s “right” to see the child (there are no automatic rights). |
| The depth of the existing relationship between grandparent and child. | Petty interpersonal arguments between the adults. |
| The willingness of the grandparent to respect the parents’ rules. | Financial wealth of the grandparent versus the parents. |
How Much Does it Cost in New Brunswick?
Fighting for visitation rights can be an expensive endeavor. Here are the typical costs you should expect in the province:
- Court Filing Fees: Filing your initial Notice of Application at the Court of King’s Bench will cost $75 CAD.
- Mediation Services: Private family mediators usually charge roughly $150 to $300 CAD per hour.
- Lawyer Fees: Having a law firm draft your Affidavit and represent you in court can range from $2,500 to $7,000 CAD, depending entirely on the complexity of the family dynamic.
- Affidavit Swearing: Having your documents sworn before a Commissioner of Oaths or Notary Public usually costs about $20 to $50 CAD per document.
How Long Does the Process Take?
Family law matters require intense patience. If the parents eventually agree to mediation, a visitation schedule can be established in 4 to 8 weeks. However, if the parents aggressively contest your court application, receiving a final Contact Order from a judge could easily take 9 to 18 months due to routine scheduling delays.
Frequently Asked Questions (FAQ)
Do parents have the final say on who sees their child?
Generally, yes. Judges give substantial weight to the decisions of fit parents. However, if a judge decides that the parents’ decision to cut off contact is actively harming the child, the court absolutely has the legal authority to overrule the parents.
Can I apply for decision-making responsibility instead of just contact?
Yes, but this is exceptionally rare and difficult. You would have to conclusively prove that both parents are entirely unfit or fundamentally unable to care for the child due to severe issues like severe addiction, abuse, or total abandonment.
Will I have to pay child support if I get visitation rights?
No. Merely having a Contact Order to visit your grandchildren does not trigger any financial child support obligations. You would only pay support if you formally assumed the role of a parent (acting in loco parentis).
What if the child is a teenager and doesn’t want to visit?
In New Brunswick, the court gives significant consideration to the views and preferences of older, mature children. If a 14-year-old strongly refuses visitation, a judge is highly unlikely to force them.
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