Do grandparents have a right to contact with their grandchildren?

Do grandparents have a right to contact with their grandchildren?

The short answer is that grandparents in England and Wales do not have an automatic legal right to see their grandchildren. But that is not the end of the story. There are routes available to grandparents who want to maintain or restore contact, and the family courts take grandparental relationships seriously when deciding what is best for a child.

Grandparents often play a significant role in their grandchildren’s lives, offering support, continuity, and a different kind of love from that of a parent. When family life is settled, contact between the two generations usually takes care of itself. However, when relationships break down, through separation, bereavement, or a family falling-out, grandparents can find themselves pushed to the margins or shut out altogether.

Who decides who a child sees?

Under the Children Act 1989, the cornerstone of family law in England and Wales, day-to-day decisions about a child’s upbringing rest with those who hold parental responsibility. In most cases, that is the child’s mother and, usually, the father. Grandparents are recognised as relatives under the Act, but they do not hold parental responsibility as a matter of course, nor do they share the decision-making authority that parents have. That includes decisions about who the child sees.

Start with a conversation

When relationships have soured, the first step is almost always to try to talk. Court proceedings are expensive, slow and emotionally draining, and outcomes are never guaranteed. A calm conversation, a letter setting out your hopes for continued contact, or the involvement of a trusted family member can sometimes help unlock a way forward.

However, where there are allegations of domestic abuse, coercive control ,child protection concerns or risk of harm, legal advice should be taken before any direct approach is made.

If direct conversation is not possible, family mediation is often the next step. A trained mediator can help both parties find common ground without the formality of court proceedings. You can find an accredited mediator through the Family Mediation Council. For most court applications relating to a child, the applicant must first attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation could resolve the matter. There are limited exemptions, for example, where there has been domestic abuse or the matter is genuinely urgent. GOV.UK provides clear guidance on mediation and the MIAM process.

Applying to court

Where mediation is unsuitable or unsuccessful, an application to the family court is possible. The order most likely to be relevant is a Child Arrangements Order under section 8 of the Children Act 1989. This can set out when and how a child spends time with a grandparent, whether in person, by phone or video call, or by letter and card.

Unlike parents, grandparents usually need the court’s permission, known as “leave”, before they can apply for a Child Arrangements Order. This requirement is set out in section 10(9) of the Children Act 1989. When deciding whether to grant leave, the court will consider the nature of the proposed application, the grandparent’s existing connection with the child, and any risk that the application could harmfully disrupt the child’s life. The court does not start from a presumption that grandparent contact should take place. The question is always whether the proposed arrangements are in the child’s welfare interests, taking account of the child’s relationship with the grandparents, the parents’ concerns and any potential emotional impact on the child.

Where a meaningful and beneficial relationship can be shown, the court may be willing to allow the application to proceed, but every case depends on the child’s welfare and the particular family circumstances.

The court will also apply the ‘no order’ principle, meaning it will not make an order unless it considers that making one would be better for the child than making no order.

GOV.UK has a useful overview of contact with a grandchild if their parents divorce or separate, including information on the application form and current court fees.

When permission is not needed

In certain circumstances, a grandparent can apply for a Child Arrangements Order without first seeking leave. The main route is where the grandchild has lived with the grandparent for at least three years, under section 10(5)(b) of the Children Act 1989. That three-year period need not be continuous, but it must not have started more than five years before the application or ended more than three months before it. Leave is also unnecessary where everyone with parental responsibility for the child agrees to the application, or, if the child is in local authority care, where the local authority consents.

There is a further, narrower exception that is often misunderstood. Under section 10(5B), a grandparent can apply without leave if the grandchild has lived with them for at least one year immediately before the application. This may seem helpful at first glance, but its scope is limited: it permits an application only about where the child should live, not about contact. In practical terms, a grandparent who has been caring for a grandchild for a year and wants that arrangement formally recognised can rely on this rule. A grandparent who simply wants to see a grandchild who lives elsewhere must still apply for leave in the usual way.

How the court decides the substantive application

Once any question of leave is resolved, the court’s focus turns to the substantive decision. The guiding principle, set out in section 1 of the Children Act 1989, is that the child’s welfare is paramount. Nothing else, including the wishes of parents or grandparents, outweighs it.

The court applies a welfare checklist that includes the child’s own wishes and feelings (taking into account their age and understanding), their physical, emotional and educational needs, the likely effect of any change in their circumstances, any harm they have suffered or are at risk of suffering, and the capacity of each relevant adult to meet the child’s needs. The court can order direct contact, indirect contact such as letters or video calls, or a combination.

When parents cannot care for a grandchild

Some grandparents step in to care for a grandchild when the parents are unable to do so, whether because of illness, bereavement, or other difficult circumstances. If the arrangement is likely to be long-term, a Special Guardianship Order under section 14A of the Children Act 1989 may be appropriate. A Special Guardianship Order gives the grandparent parental responsibility until the child turns 18 and allows them to make most significant decisions about the child’s upbringing, although the parents retain their parental responsibility in the background. Local authorities have duties to assess suitability and to provide support, which can include financial help.

Where a local authority is already involved and a child is in care, grandparents may be assessed as kinship carers. In such cases, contact arrangements are dealt with separately under section 34 of the Children Act 1989. The charity Family Rights Group provides accessible information and advice for families navigating the care system.

Practical points

A few practical suggestions are worth bearing in mind. If relationships are fragile, keep your approach calm and child-focused, and try not to be drawn into any dispute between the parents. Keep a factual record of the contact that does take place, including dates and any communications, as this may be useful evidence later if matters progress. Seek advice early, before positions harden. Citizens Advice offers accessible general information on family matters and may be a helpful starting point.

Useful evidence of a grandparent’s relationship with their grandchild may include a short chronology of previous contact, photographs or messages showing the relationship, records of birthdays or holidays spent together, and examples of the practical or emotional support provided to the child. The focus should be on the child’s benefit, not the adult’s sense of loss.

Where to go from here

Losing contact with a grandchild, or worrying that contact is slipping away, is one of the hardest experiences in family life. The law does not give grandparents the automatic rights some feel it should, but it does provide avenues for the relationship to be considered by a court, and it recognises that maintaining a meaningful bond with a grandparent is often in a child’s best interests. If you are in this position or already caring for a grandchild and want that arrangement properly recognised, please get in touch with our Family Law solicitors in Sheffield, Chesterfield, Dronfield and Mansfield for advice tailored to your circumstances.

If you need advice or assistance with a Contact Order then our Family Law team are here to help.