Step 6 – Uncontested Applications

An uncontested application means there is no opposition to the grandparents’ request for access. If that is the case, a hearing may be scheduled in front of a judge (a master cannot hear it) with the grandparents who filed the application. If the parents do not respond, a judge may decide whether an order for access should be granted to the grandparents. The decision will be based on evidence contained in the affidavit, and what further evidence the judge requests.
Even if no one opposes the application for access, the court will only make an order for access to the grandparents if there is enough evidence showing it is in the best interests of the grandchildren. Please refer to the legal definition of the best interests of the child in Appendix A. The judge may also make an order for an assessment to determine what is in the best interests of the child.