“Chapman v. Chapman, 2001 CanLII 24015 (ON CA), 2001 CarswellOnt 537 remains the leading case on grandparent access in Ontario. In Chapman, the Ontario Court of Appeal held that in cases such as these, the question is not what is good for the grandparent, but what is in the best interests of the child. Further, the question is not what is theoretically in children’s best interests, but what is in the best interests of the particular child in the case at hand. Justice Abella cited Justice McLachlin in Gordon v. Goertz, 1996 CanLII 191 (SCC), 1996 CarswellSask 199 (S.C.C.) at 60, in which Justice McLachlin stated, “each case turns on its own unique circumstances and the only issue is the best interests of the child in the particular circumstances of the case.”
In Chapman, the Ontario Court of Appeal held that where parents are “demonstrably attentive” to the needs of their children, it is parents, not grandparents, who have the right to decide the “extent and nature of the contact” with grandparents. See para. 22. In that case, where the court found that the disruption and stress of the grandmother’s insistent attempts to get access on her own terms was not in the children’s best interests, her application for access was denied.
The court stated that a child’s relationship with a grandparent “can – and ideally should – enhance the emotional well-being of a child. Loving and nurturing relationships with members of extended family can be important for children.” The court held that when those relationships are imperilled arbitrarily, “the court may intervene to protect the continuation of the benefit of the family relationship.” See para. 19.
In Nichols v. Nichols, 2015 CarswellOnt 9262, Justice Stevenson summarized the impact of Chapman as follows: “…In the absence of any evidence that [the parents] are behaving in a way which demonstrated an inability to act in accordance with the best interests of [the child], their right to make decisions and judgments on [the child’s] behalf should be respected.” See para. 66.”