Grandparents often play a central role in a child’s life, offering stability, care and emotional support. When family relationships break down, particularly following separation or divorce, that connection can sometimes be disrupted or lost altogether. For many grandparents, this comes as both a shock and a source of significant distress, not only for them but also for the children involved.
In England and Wales, grandparents do not have an automatic legal right to contact with their grandchildren. However, the family court does recognise the importance of children maintaining meaningful relationships with extended family members. Where contact has broken down, there are legal routes available that may allow grandparents to re-establish or preserve that relationship.
Do Grandparents Have Legal Rights to See Their Grandchildren?
Not automatically.
Unlike parents, grandparents do not have a direct legal right to contact. However, they can apply to the court for a Child Arrangements Order, which can regulate the time a child spends with them.
Before doing so, grandparents are usually required to obtain the court’s permission. This additional step reflects the court’s role in ensuring that any application is appropriate and in the child’s best interests.
Understanding the Legal Framework
All decisions relating to children in England and Wales are governed by the Children Act 1989. The court’s primary consideration is always the welfare and best interests of the child.
Where grandparents seek to maintain or establish contact, the court will approach the case by focusing on what arrangement best supports the child’s overall wellbeing, rather than any asserted “right” to contact.
If permission is granted, the court can then consider an application for a Child Arrangements Order in more detail.
Applying for Permission to the Court
Before a grandparent can apply for a Child Arrangements Order, they must first seek permission (sometimes referred to as “leave”) from the court.
When deciding whether to grant permission, the court will consider factors such as:
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The nature of the relationship between the grandparent and the child,
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The level of involvement the grandparent previously had in the child’s life,
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Whether the proposed application might disrupt the child’s life in a harmful way,
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The overall welfare and best interests of the child.
The key point is that the court is not assessing the final outcome at this stage. It is deciding whether the application should proceed.
What Happens If Permission Is Granted?
If permission is granted, the case moves forward and the court will then consider what arrangements, if any, should be put in place.
At that stage, the focus remains firmly on the child’s welfare. In many cases, the court recognises that grandparents can play a positive and supportive role in a child’s life. However, each case turns on its own facts, and there is no automatic outcome.
Can Grandparents Resolve Contact Issues Without Going to Court?
In many situations, yes.
Before court proceedings are started, families are generally encouraged to explore whether matters can be resolved through mediation. This can often provide a more constructive and less adversarial way of addressing concerns.
Maintaining open communication and keeping the focus on the child’s wellbeing can sometimes avoid the need for formal legal proceedings altogether.
The Role of Mediation
Mediation involves an independent mediator who helps family members have a structured conversation about the issues in dispute.
The mediator does not take sides or impose a decision. Instead, they guide discussions and help the parties work towards practical arrangements that are workable and focused on the child.
Mediation can be particularly helpful where communication has broken down or where emotions are running high. It allows concerns to be expressed in a controlled and respectful setting, which can prevent matters from escalating further.
In cases involving grandparents and grandchildren, mediation may cover:
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How often the grandparent will see the child,
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Whether contact will take place in person or via video calls,
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Arrangements for holidays, birthdays or special occasions,
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How communication between family members can be improved going forward.
One of the advantages of mediation is that it enables families to reach their own agreements, rather than having an outcome imposed by the court. Agreements reached in this way are often more flexible and can help preserve family relationships over the longer term.
What Does the Court Consider When Deciding Contact?
If a matter proceeds to court, the judge will look closely at what arrangements best promote the child’s welfare.
This involves a careful assessment of the individual circumstances of the case. The court will consider the child’s needs, the existing family dynamics, and the potential benefits of maintaining a relationship with grandparents.
While the court often recognises the value of these relationships, its decision will always be guided by what is in the child’s best interests.
Why Early Legal Advice Matters
Situations involving children and family breakdown can be emotionally complex and difficult to navigate. For grandparents, understanding the legal process and the available options can make a significant difference.
Obtaining legal advice at an early stage can help to:
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Clarify whether an application to the court is appropriate,
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Ensure that any steps taken are aligned with the child’s best interests,
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Prepare effectively if a court application becomes necessary,
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Approach mediation with a clear understanding of realistic outcomes.
If mediation is unsuccessful or not suitable, a solicitor can assist with preparing an application for permission and, if appropriate, a Child Arrangements Order under the Children Act 1989.
Our family law team in Kingston upon Thames regularly advises grandparents seeking to maintain meaningful relationships with their grandchildren following family breakdown. We aim to resolve matters sensitively wherever possible, while ensuring that the child’s welfare remains at the centre of every decision.
If you are concerned about losing contact with your grandchildren, taking tailored legal advice at an early stage can help you understand your options and take the right steps forward.
Frequently Asked Questions
No. Grandparents do not have an automatic legal right to contact, but they can apply to the court for permission to seek a Child Arrangements Order.
A Child Arrangements Order is a court order that sets out who a child lives with and who they spend time with.
Yes. Unlike parents, grandparents must first obtain the court’s permission before applying for a Child Arrangements Order.
In many cases, families are encouraged to attempt mediation before issuing court proceedings, as it can help resolve disputes more constructively.
