When Grandparents Are Shut Out: A Question for British Columbia’s Child Welfare System
By Tina Winterlik (Zipolita)
Across British Columbia, many families are quietly struggling with something that rarely makes headlines: grandparents trying to stay connected with their grandchildren after a child enters the care system or is placed with another guardian.
Recently, I saw a message from a grandmother living in Surrey, BC. Her grandchild is in care or placed with other grandparents. She says she has been blocked from visits and cannot even get a letter of support from her own First Nation. Her lawyer is struggling to make progress.
If her account is accurate, this situation raises serious questions about how the child welfare system is operating and whether the laws designed to protect Indigenous families are actually being followed.
This is not just about one family. It is about a system that is affecting thousands of children.
Indigenous Children and the Law
Canada passed a federal law meant to prevent the continued separation of Indigenous children from their families and cultures.
That law is An Act respecting First Nations, Inuit and Métis children, youth and families (Bill C-92).
It states that when Indigenous children are involved in child welfare decisions, priority should be given to:
- Family members
- Extended family such as grandparents
- Members of the child’s Nation
- Cultural continuity and connection
This law was created partly in response to the historic harms of residential schools and the Sixties Scoop, when Indigenous children were removed from their families and communities.
In theory, these protections mean grandparents should be considered essential relationships in a child’s life.
British Columbia’s Child Welfare System
In BC, the primary agency responsible for child protection is the Ministry of Children and Family Development.
Their actions are governed by the Child, Family and Community Service Act.
That law says that the child’s best interests must be considered and that family connections should be maintained whenever possible.
But many families report that the system does not always function this way.
Sometimes children are placed with one side of the family and the other side becomes completely cut off unless they go through expensive and stressful court processes.
Grandparents may need to apply for a contact order through the courts under the Family Law Act.
For many seniors or low-income families, that is a difficult and slow process.
Oversight and Accountability
When families believe a child in care is losing important family or cultural connections, there is an oversight office that can investigate.
That office is the Representative for Children and Youth.
This independent office reviews whether government agencies are protecting the rights and wellbeing of children.
Legal help may also be available through Legal Aid BC, which provides support for some family law matters.
However, many families say navigating these systems is extremely confusing and slow.
The Bigger Context
Anyone who has spent time in the Lower Mainland recently knows that British Columbia is facing multiple overlapping crises:
- housing shortages
- homelessness
- addiction and mental health challenges
- rising poverty
Areas such as the Downtown Eastside have become symbols of these struggles.
Encampments have repeatedly appeared and been cleared along places like East Hastings Street.
When communities experience this level of stress, families often end up interacting with the child welfare system more frequently.
And when families fracture, children can lose connections that may be vital to their identity and wellbeing.
Why Grandparents Matter
In many cultures, including Indigenous cultures, grandparents are not just relatives.
They are teachers, language keepers, and emotional anchors.
For children who may already be experiencing instability, maintaining relationships with grandparents can provide:
- continuity
- cultural knowledge
- emotional safety
- family history and identity
Removing those connections without clear explanation can cause deep harm.
Questions That Deserve Answers
Cases like the one described raise important questions for leaders and institutions in British Columbia:
- Are the protections in Bill C-92 being consistently followed?
- Are Indigenous children truly maintaining family and cultural connections?
- Why are grandparents sometimes unable to obtain even basic visitation?
- Are families receiving clear explanations when access is denied?
Transparency and accountability are essential.
Who Has the Power to Act
These questions deserve attention from decision-makers including:
- David Eby, Premier of British Columbia
- Mitzi Dean, Minister responsible for the Ministry of Children and Family Development
- the Representative for Children and Youth
- Indigenous governments and Nations across Canada
These leaders have the authority to review policies and ensure that the law is being respected.
A Call for Compassion and Transparency
This article is not about assigning blame in one individual case.
Child welfare decisions are complex and must always prioritize the safety of children.
But families deserve clear answers.
And children deserve every chance to remain connected to the people who love them.
When grandparents are left outside the system without explanation, something is not working the way it should.
British Columbia can do better.
For the sake of the children.
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