Grandparents' rights

Do grandparents have legal rights?

Grandparents in England and Wales do not have automatic legal rights to see their grandchildren. Unlike parents, who have parental responsibility and established rights to be involved in their children’s lives, grandparents have no guaranteed entitlement to contact.

This doesn’t mean grandparents’ relationships with grandchildren are unimportant – courts recognise that these relationships can be hugely valuable. But it does mean that if parents decide to limit or end contact, grandparents have to apply to court rather than simply asserting a right.

When contact problems arise

Grandparents most commonly lose contact with grandchildren in three situations:

Parental separation: When parents split up, grandparents (usually on the non-resident parent’s side) may find themselves cut off, either deliberately or as a consequence of reduced contact overall.

Family conflict: Arguments between parents and grandparents – over parenting styles, past disagreements, or new relationships – can lead to access being withdrawn.

Bereavement: If a grandparent’s adult child dies, their relationship with the surviving parent may determine whether contact continues.

In all these situations, the first step should always be trying to resolve things without court involvement.

Trying to resolve things informally

Before considering legal action:

Direct communication

Try talking to the parent or parents involved. Be calm, focus on the children’s needs rather than your feelings, and avoid blame or criticism. Ask what their concerns are and whether there’s a way to address them.

Sometimes contact stops not because of ill will but because of practical difficulties – busy schedules, distance, or simply things falling through the cracks. A genuine conversation may be all that’s needed.

Family mediation

If direct communication isn’t working, a family mediator can help. Mediators are neutral professionals trained to help people in conflict find solutions.

Mediation involving grandparents is possible, though it requires the parents’ agreement to participate. Some grandparents find it helpful to offer to pay for sessions as a sign of goodwill.

Letter writing

If you can’t get a conversation started, a thoughtful letter may help. Explain how much your grandchildren mean to you, acknowledge any difficulties in the relationship, and propose a way forward. Avoid threats of legal action, which tend to entrench positions.

Time and patience

Sometimes relationships need time to heal. If there’s been recent conflict, stepping back temporarily while making clear you’d love to rebuild contact may be more effective than pushing.

Applying to court

If informal approaches have failed, you can apply to court for a Child Arrangements Order allowing you to spend time with your grandchildren.

Getting permission (leave)

Unlike parents, grandparents cannot apply directly for a Child Arrangements Order. You must first apply for “leave” – permission from the court to make your application.

The court considers:

• Your connection with the child: The nature and closeness of your relationship
• The type of order you’re seeking: Whether what you want is reasonable
• Whether the application might disrupt the child’s life: The potential impact of court proceedings
• The child’s wishes and feelings: Where they’re old enough to express them
• Any risk of harm: Whether proceedings themselves might harm the child

If you’ve had a genuine, established relationship with your grandchildren, leave is usually granted. Courts recognise that grandparent relationships are generally beneficial for children.

The main application

Once you have leave, your application for a Child Arrangements Order proceeds like any other. The court will consider what’s in the children’s best interests, looking at factors including:

• The children’s wishes and feelings (depending on age and understanding)
• Their physical, emotional, and educational needs
• The likely effect of any change in circumstances
• Their age, background, and any relevant characteristics
• Any harm they’ve suffered or are at risk of suffering
• The capability of each person involved to meet their needs

The court will also hear from Cafcass (Children and Family Court Advisory and Support Service), who may prepare a report with recommendations.

Possible outcomes

Courts can order:

• Direct contact: The children spend time with you regularly
• Indirect contact: You can send letters, cards, or gifts
• Supervised contact: You see the children in a contact centre or with someone present
• No order: The court decides contact isn’t appropriate

The court might also make conditions, such as not discussing certain topics with the children or not disparaging their parents.

Costs and timescales

Costs

There’s a court fee of £232 for permission and main applications combined (though this may change).

If you use a solicitor, legal fees can be significant – potentially several thousand pounds for a contested case. Some solicitors offer fixed fees for straightforward applications.

Legal aid is generally not available for grandparents seeking contact, unless there are exceptional circumstances.

Timescales

Getting leave usually takes a few weeks. The main application can take 6-12 months or longer if contested, depending on court backlogs and case complexity.

What helps and what doesn’t

Helps your case:

• Evidence of an established, positive relationship with your grandchildren
• A reasonable, child-focused approach
• Willingness to compromise and work with the parents
• Demonstrating you can keep conflict away from the children
• Support from professionals (teachers, health visitors) who can speak to the relationship

Hurts your case:

• Criticising or undermining the parents
• Involving the children in adult disputes
• Making unrealistic demands
• Refusing to acknowledge any valid concerns the parents have
• Using the children as pawns in wider family conflicts

Maintaining relationships

If contact is currently working, take steps to protect it:

• Be respectful of parents’ rules and decisions
• Don’t spoil the children in ways that undermine parenting
• Support both parents, even through separation
• Keep any disagreements with parents private
• Make yourself helpful rather than demanding
• Be flexible about arrangements

Prevention is always easier than trying to restore a broken relationship.

When contact may not be appropriate

Courts prioritise children’s welfare. In some situations, contact with grandparents might not be ordered:

• If there’s evidence of abuse or neglect
• If contact would expose children to ongoing parental conflict
• If the grandparent has been involved in domestic abuse against a parent
• If older children clearly don’t want contact
• If the grandparent’s behaviour could harm the children’s wellbeing

The court’s job is to protect children, not to ensure grandparents get access. If contact isn’t in the children’s interests, it won’t be ordered.