When parents separate, or when wider family relationships break down, grandparents can find themselves cut off from grandchildren they have loved and supported for many years. This can be extremely upsetting, particularly where the grandparent has played a regular and important role in the child’s life.
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In England and Wales, grandparents do not have an automatic legal right to spend time with their grandchildren. However, that does not mean there is nothing they can do. The family court can consider the importance of a grandparent relationship, but the court’s decision will always be based on what is in the child’s best interests.
Day-to-day decisions about a child’s upbringing are usually made by those who have parental responsibility. This will usually include the child’s mother and, in many cases, the child’s father. Grandparents do not automatically have parental responsibility and so they do not generally have an automatic right to make decisions about who a child sees.
Where there is a dispute, the first step is usually to try to resolve matters without court proceedings if it is safe and appropriate to do so.
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Court proceedings can be stressful, expensive and slow. They can also make family tensions worse. If possible, grandparents should try to keep communication calm, practical and focused on the child.
This might include:
Before most private children applications can be made to the family court, the applicant will need to attend a Mediation Information and Assessment Meeting, known as a MIAM, unless an exemption applies. A MIAM is not mediation itself. It is a meeting with an authorised family mediator to consider whether mediation or another form of non-court dispute resolution may help.
There are exemptions, for example where there is evidence of domestic abuse, child protection concerns, urgency, or other circumstances set out in the Family Procedure Rules. The court must also consider, at every stage of proceedings, whether non-court dispute resolution remains appropriate.
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.
Our Family Law Solicitors can advise you on the most appropriate next steps.
If agreement cannot be reached, a grandparent may be able to apply to the family court for a Child Arrangements Order. This is the current legal term for an order which can regulate who a child lives with, spends time with, or otherwise has contact with.
A Child Arrangements Order can provide for contact in different ways, including:
Grandparents will usually need the court’s permission, known as leave, before they can apply for a Child Arrangements Order. This is because grandparents are not automatically in the same legal position as parents.
If you are unsure whether you need permission to apply, our family law solicitors can advise you on the correct route before you take any formal steps.
When deciding whether to grant a grandparent permission to apply, the court will consider factors including:
There is no automatic presumption that a grandparent will be allowed to apply, but there is also no automatic bar. Each case depends on its own facts.
A grandparent with a close and established relationship with the child may have a stronger application than a grandparent who has had little or no previous involvement. However, even where permission is granted, that does not mean the court will automatically order contact.
There are some situations where a grandparent may be able to apply without first asking for permission. For example, this may apply if:
There is also a separate rule which may assist some relatives where the child has lived with them for at least one year immediately before the application. However, this is limited. It applies to orders about where or when a child is to live, rather than a contact-only application.
Because the rules are technical, it is sensible to take advice before making an application.
The child’s welfare is the court’s paramount consideration. This means that the court is not deciding what is fairest for the adults. It is deciding what is best for the child.
The court will consider the welfare checklist, including:
The court will also apply the “no order” principle. This means it will not make an order unless it considers that making an order would be better for the child than making no order at all.
There is no presumption that grandparent contact should take place. The court will consider whether the proposed contact is in the child’s welfare interests. Relevant factors may include the existing relationship, the benefit to the child of maintaining family links, any parental concerns, the level of adult conflict, and whether contact can take place safely and positively.
If matters may need to go to court, it can be helpful to keep a clear and factual record. Useful evidence may include:
The focus should always be on the benefit to the child, rather than the adult’s sense of loss, however understandable that may be.
Some grandparents become much more than occasional carers. They may step in when parents are unable to care for a child because of illness, bereavement, addiction, family breakdown, safeguarding concerns or local authority involvement.
Where a grandparent is caring for a grandchild on a long-term basis, a Special Guardianship Order may be appropriate. A Special Guardianship Order gives the special guardian parental responsibility and allows them to make most major decisions about the child’s upbringing, although the parents retain parental responsibility in the background.
If a local authority is involved, grandparents may also be assessed as kinship carers. Where a child is in care, contact arrangements are dealt with under a different legal framework and early legal advice is particularly important.
Parents with parental responsibility can make decisions about who their child spends time with. However, if a grandparent believes the decision is not in the child’s best interests, they may be able to ask the court to consider the position.
The court will not simply override a parent’s decision because a grandparent wants contact. It will look carefully at the child’s welfare and the particular family circumstances.
In some cases, the court may consider that direct contact is appropriate. In others, it may order indirect contact, such as letters or video calls. In some cases, the court may decide that no order should be made, particularly if contact would expose the child to conflict, pressure or emotional harm.
Disputes about grandchildren are often highly emotional and need careful handling. Early legal advice from a specialist family law solicitor can help you understand your options, avoid unnecessary escalation and focus on a practical plan that is in the child’s best interests.
Our Family Law team has over 50 years’ experience and has been recognised in the Legal 500 rankings for many years.
Our family law solicitors in Sheffield, Chesterfield, Mansfield and Dronfield can advise grandparents, parents and other family members on:
If you are worried about losing contact with your grandchild, or you are already caring for a grandchild and need advice about your legal position, please contact our Family Law team.
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No. In England and Wales, grandparents do not have an automatic legal right to spend time with their grandchildren. However, the family court recognises that grandparents can play an important role in a child's life and may grant an order allowing contact where it is in the child's best interests.
Parents with parental responsibility generally have the right to decide who their child spends time with. However, if contact is stopped and a grandparent believes continuing the relationship would benefit the child, they may be able to apply to the family court for permission to seek a Child Arrangements Order.
Where possible, it is usually best to try resolving matters amicably before considering court action. This could involve speaking with the parents, writing a letter, asking a family member to help facilitate discussions, or attending mediation. If these options are unsuccessful, legal advice can help you understand your next steps. Speak to our family law solicitors in South Yorkshire, Derbyshire and Nottinghamshire for advice surrounding your options.
In most cases, yes. Before making an application to the family court, grandparents will usually need to attend a Mediation Information and Assessment Meeting (MIAM). This meeting explores whether mediation or another form of non-court dispute resolution could help resolve the issue. Some exemptions apply, including cases involving domestic abuse or urgent safeguarding concerns.
Yes. If an agreement cannot be reached, grandparents may be able to apply for a Child Arrangements Order. This is a court order that can regulate when and how a child spends time with certain people, including grandparents.
Usually, yes. Grandparents generally need the court's permission, known as "leave", before they can apply for a Child Arrangements Order. The court will consider factors such as the grandparent's relationship with the child and whether the application could adversely affect the child's wellbeing.
The court's main concern is the child's welfare. It will consider factors such as the child's wishes and feelings, the strength of the relationship between the grandparent and grandchild, the child's emotional and practical needs, any risks of harm, and the potential impact of contact on the child's wellbeing.
Evidence showing a meaningful and established relationship with the child can be helpful. This may include photographs, messages, cards, records of regular contact, details of holidays or activities together, and evidence of practical or emotional support provided to the child over time.
Timescales vary depending on the court, the issues in dispute and whether safeguarding checks or reports are needed. Some cases resolve after initial advice, correspondence or mediation. Others may take several months if court proceedings are necessary.
The cost will depend on whether matters can be resolved through advice, correspondence or mediation, or whether a court application is needed. We can discuss the likely costs and options with you at the outset.
In some circumstances, grandparents may become the primary carers for their grandchildren. Where a child is living with a grandparent on a long-term basis, legal arrangements such as a Special Guardianship Order may be appropriate. This can give the grandparent parental responsibility and allow them to make important decisions about the child's upbringing.
A Special Guardianship Order (SGO) is a court order that gives a person, often a grandparent or other family member, enhanced parental responsibility for a child. It allows the special guardian to make most day-to-day and long-term decisions about the child while preserving the child's legal relationship with their parents.
Possibly. If a child is in the care of a local authority, different legal rules apply. Grandparents may be able to seek contact or be assessed as kinship carers. Specialist legal advice is important in these situations, as the procedures can be complex. Speak to our Family Law Solicitors for advice based on your circumstances.
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