Do Grandparents Have a Right to Contact with Their Grandchildren?

When a couple divorces, grandparents may suffer by not seeing their grandchildren. Here are some solutions to this sensitive issue.

UK law does not give grandparents automatic rights to see grandchildren unless they have parental responsibility. Courts recognize their important role, rarely denying contact without evidence of abuse or other concerns.

First, try to reach an agreement outside of court, possibly with a mediator's help. If unsuccessful, you may need to apply to the court.

Grandparents usually must apply for permission to request a Child Arrangements Order. If granted, they can seek legal contact. A full hearing may be required if parents object.

For assistance, contact our Family Team who will be happy to help.

Grandparents do not have an automatic legal right to see their grandchildren in England and Wales. In most families, contact happens informally. When the relationship between the grandparent and the parents breaks down, or one parent dies or separates, that informal access can disappear overnight.

When it does, the grandparent has two options. First, attempt mediation. A Mediation Information and Assessment Meeting (MIAM) is, in most cases, a required first step before issuing a court application, and many cases resolve at this stage with a written contact agreement. Second, if mediation fails or is not appropriate, apply to the family court for a Child Arrangements Order under section 8 of the Children Act 1989.

Grandparents do not have automatic standing to apply. The court must first grant leave (permission) to apply. Leave is usually granted where the grandparent has had a meaningful relationship with the child and where the application is not deliberately disruptive.

If leave is granted, the court applies the welfare checklist in section 1(3) of the Children Act. The paramount consideration is the welfare of the child, not the desires of the adults. The court weighs the child's wishes (according to age and understanding), the existing relationship with the grandparent, the practical arrangements that could work, and any safeguarding concerns.

In the vast majority of cases the court will encourage contact where it is positive for the child. Refusing all contact is rare, and usually arises only where there is a genuine safeguarding risk, where the contact would undermine the parent's authority, or where the child themselves objects in a clear and considered way.

If you have been cut out, the worst thing to do is to push harder or contact the children directly via social media or third parties. Doing so almost always damages the prospects of a court application later.

Practical steps that help: keep a calm written record of attempted contact, including cards and letters sent to the children. Offer mediation in writing. Take legal advice early before the relationship deteriorates further. Where there is real urgency (for example because of an upcoming family event), seek expedited advice on whether emergency court applications are appropriate.

Do grandparents have automatic rights to see their grandchildren?

No. There are no automatic rights. Grandparents must seek the family court's permission to apply for a Child Arrangements Order before the court will hear the case.

How long does a grandparent contact case take?

A case agreed at the first hearing can complete within 8 to 12 weeks. A contested case can take 9 to 18 months.

Can grandparents apply for residence?

Yes, in some circumstances grandparents apply to have a child live with them, particularly where the parents cannot safely care for the child. The threshold for residence is higher than for contact.

Is legal aid available?

Legal aid is available in limited family cases, mostly where domestic abuse or child protection is involved. We can check eligibility at the first call.