What are Grandparents Rights?
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.
Who Decides Whether Grandparents Can See a Child?
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.
If you need help with accessing your grandchildren, call our team of friendly and compassionate Family Law Solicitors on
Try to Resolve Matters Without Court
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:
- writing a carefully worded letter to the parent or parents;
- suggesting a gradual reintroduction of contact;
- proposing indirect contact at first, such as cards, letters, phone calls or video calls;
- asking a trusted family member to help with communication;
- attending family mediation.
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.
Can Grandparents Apply to the Family Court?
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:
- direct face-to-face contact;
- telephone or video contact;
- letters, cards or gifts;
- a gradual or supported plan for rebuilding the relationship.
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.
What does the Court Consider when Deciding Whether Grandparents can Apply for a Child Arrangements Order?
When deciding whether to grant a grandparent permission to apply, the court will consider factors including:
- the nature of the proposed application;
- the grandparent’s connection with the child;
- whether the application might disrupt the child’s life to such an extent that the child would be harmed by it;
- if the child is looked after by a local authority, the local authority’s plans and the wishes and feelings of the child’s parents.
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.
When Permission May Not Be Needed
There are some situations where a grandparent may be able to apply without first asking for permission. For example, this may apply if:
- the child has lived with the grandparent for at least three years, although the timing rules are specific;
- everyone with parental responsibility agrees to the application;
- the child is in local authority care and the local authority consents.
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.
How does the Court Decide Whether Contact Should take Place?
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 child’s wishes and feelings, depending on their age and understanding;
- the child’s physical, emotional and educational needs;
- the likely effect of any change in the child’s circumstances;
- the child’s age, background and any relevant characteristics;
- any harm the child has suffered or may be at risk of suffering;
- how capable the relevant adults are of meeting the child’s needs;
- the range of orders available to the court.
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.
What Evidence May Help?
If matters may need to go to court, it can be helpful to keep a clear and factual record. Useful evidence may include:
- a short chronology of the grandparent’s relationship with the child;
- records of previous contact, including dates and frequency;
- photographs, messages or cards showing the relationship;
- details of holidays, school events, birthdays or regular routines shared with the child;
- examples of practical or emotional support provided;
- any attempts made to resolve matters calmly and constructively.
The focus should always be on the benefit to the child, rather than the adult’s sense of loss, however understandable that may be.
What if the Grandparent is Caring for the Child?
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.
Can Parents Refuse Grandparent Contact?
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.
How Banner Jones can Help
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:
- resolving contact arrangements without court proceedings;
- mediation and non-court dispute resolution;
- applications for permission to apply;
- Child Arrangements Orders;
- Special Guardianship Orders;
- kinship care and local authority involvement.
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.
Contact our team today