Grandparents often play a crucial role in a child’s life, providing stability, family identity and often childcare. However, sometimes family relationships break down, and grandparents can unexpectedly find themselves cut off from their grandchildren and unsure of their rights. Common causes include divorce, generational disputes, bereavement, or changes in living arrangements, which can all alter family dynamics.
This separation can be extremely distressing. Often, the grandparents experience a sense of loss, worry about the well-being of the grandchild, and frustration over not being able to offer support. The emotional strain on the wider family can be significant, especially when the grandparents had previously been primary caregivers or had a strong day-to-day presence.
This guide explains what rights grandparents have, and do not have, under UK law. It will cover how the courts approach contact applications, the steps grandparents can take to restore relationships with their grandchildren, alternatives to court proceedings, and how Eric Robinson Solicitors can support with a free 30-minute consultation. To book a session with one of our dedicated family law solicitors, contact your local office today.
Do grandparents have legal rights?
No automatic legal right to see grandchildren
Under UK law, grandparents do not have an automatic legal right to contact with their grandchildren. This may come as a surprise to many families. Unlike parents, who have parental responsibility and a clear legal position, grandparents must apply to the court for permission before they can seek a contact order.
However, grandparents do still have legal options that they can pursue if they would like to have contact. The family courts recognise the vital role grandparents play and are generally supportive of maintaining meaningful relationships when it is safe and in the child’s best interests.
Parent vs grandparent: understanding the distinction
Parents have parental responsibility, decision-making rights and automatic standing to apply for child arrangements. By contrast, grandparents do not have any of these rights by default. Instead, they must seek ‘leave of the court’ before making a full application. This is essentially a gatekeeping step, designed to ensure that applications are appropriate and not disruptive to the child’s stability.
How do the courts view grandparents’ rights?
While grandparents lack automatic rights, the courts:
- Acknowledge the positive role grandparents often play
- Prioritise the child’s welfare over parental preference or adult conflict
- Recognise that children usually benefit from wider family involvement
- Typically, grant permission to apply unless there is strong evidence or risk or disruption
In practice, many grandparents successfully secure contact through court orders when other avenues have failed.
How to apply for grandparent rights: step-by-step guide
If you are a grandparent and you are concerned about a lack of contact with your grandchildren, you can commence the process of legal action. Here is a step-by-step guide:
Step 1: Attempt communication and reconciliation
Before initiating formal proceedings, you should always attempt calm communication, perhaps by writing a letter or using a neutral family member to act as an intermediary. The court should always be a last resort as it can be time-consuming, disruptive and expensive.
Step 2: Attend mediation
Before making any court application, a grandparent must attend a Mediation Information and Assessment Meeting (MIAM) unless exemptions apply, for example, risk of harm or domestic abuse.
This meeting will involve a mediator explaining the options and each party exploring possible solutions. The aim is to reach a mutually acceptable agreement under the guidance of a neutral third party. If mediation fails or one party refuses to engage, the mediator will issue a certificate allowing the grandparents to proceed to court.
Step 3: Apply for Leave of the Court (permission)
Grandparents must first request permission to apply for a Child Arrangements Order using the Form C2. The court will consider the application and factors such as the level of involvement the applicants previously had in the child’s life and any risks or safeguarding concerns. In most cases, if the grandparents had a meaningful relationship with the child, leave is granted.
Step 4: Submit the main application (Form C100)
Grandparents use a C100 form to apply for a child arrangements order, which can include requests for:
- Direct contact (face-to-face visits)
- Indirect contact (calls, letters, video chats)
- Defined arrangements (weekends, holidays, supervised visits)
Step 5: Safeguarding checks (Cafcass)
Cafcass stands for the Children and Family Court Advisory and Support Service. It is an independent organisation that advises the family courts in England on what is in the best interests of children involved in family proceedings. At this stage, Cafcass will:
- Conduct background checks
- Speak with both parties
- Assess any safeguarding issues
- Make recommendations to the court where appropriate
This helps the judge understand the family dynamics and safety concerns.
Step 6: Court hearings
The process usually includes three hearings. These are:
- First hearing (FHDRA): Issues are identified, and interim agreements can be made for the duration of the rest of the process.
- Dispute resolution appointment (DRA): Negotiations continue with judicial guidance.
- Final hearing: If no resolution is reached, the court makes a binding order.
Court proceedings can result in the following outcomes:
- Grandparents are awarded regular contact
- They are awarded limited or supervised contact
- They can only have indirect contact
- They are prevented from having any contact (if there are safeguarding concerns)
Step 7: Enforcement
If either side breaches the order, the court has the power to enforce it, such as with financial consequences.
Eric Robinson’s specialist family law solicitors are here to support grandparents at every stage, from negotiation to enforcement of court orders. Our solicitors can offer initial advice during a free 30-minute consultation. Get in contact with your nearest office to book your appointment today.
Key factors courts consider
The overriding principle of family law is that the welfare of the child comes first. To decide the outcome of cases where grandparents are seeking contact, the court will take into account the following factors.
- The existing relationship: including the length, consistency and quality of the relationship the child and grandparent have had.
- The wishes of the child: these wishes may be established through Cafcass interviews, indirect observation, wishes expressed in writing or through the parents.
- The motivation behind the application: positive motivations would be the well-being of the child and wanting to maintain stability for them, rather than nefarious motivations like wanting to escalate conflict.
- Safeguarding concerns: this may include past patterns of abuse, substance misuse, or criminal history.
- Practicalities: factors such as distance, travel arrangements and maintaining the child’s routines will be factored into coming to an agreement which is practical and realistic.
Special circumstances under which the grandparents may gain rights
There are some situations in which grandparents may gain enhanced rights or become primary caregivers to their grandchildren.
Parents are unable to care for the child
Circumstances like a parent being in prison, extreme mental health concerns, or substance misuse may lead to their being unfit or unable to care for their children.
In this situation, grandparents may be able to apply for:
- A Special Guardianship Order (SGO)
- A Child Arrangements Order, meaning they live with the grandparents
- Temporary care arrangements
Social services become involved
When a child is subject to safeguarding concerns, social services may prefer placing them with family members rather than into care. Grandparents may become temporary foster carers, kinship carers, or long-term guardians.
Bereavement
When one parent dies, conflict may emerge between the existing parent and the late parent’s family. The court recognises the importance of maintaining those relationships with the late parent’s relatives where possible, so legal contact rights may be granted to facilitate this.
Estrangement of high-conflict parental separation
If parental conflict is severe, the court may view grandparents as a safe, stable influence to help maintain some continuity in the child’s life.
Court alternatives for grandparents
Going to court should always be a last resort for any grandparent in this situation. It can be time-consuming, expensive and sometimes disruptive to the child’s life and further escalate family conflicts.
This is why it is important to explore all other avenues first. Some examples are as follows.
Mediation
Mediation is often the quickest and easiest route to a solution. It allows families to explore solutions with an impartial third-party mediator. This method often improves communication and allows everyone to agree on a structured contact plan, and avoids the strain of court proceedings.
Family group conferences
These are facilitated meetings organised by local authorities (in some cases) to help families agree on safe, child-focused plans without involving the court. Grandparents can play an important supporting role.
Solicitor-led negotiation
A family law solicitor can:
- Write to the parents
- Suggest practical arrangements
- Highlight the child’s best interests
- Defuse conflict
This is often effective when communication between family members has broken down.
Counselling and family therapy
Sometimes the core issues can be resolved through emotional rather than legal help. Professionals can support with repairing family relationships, facilitating improved trust and communication, teaching coping strategies, and making contact arrangements more sustainable.
Court is only recommended when all other avenues have failed.
Conclusion
Although grandparents in the UK do not have automatic legal rights to see their grandchildren, they do have potential legal avenues to restore contact. The courts in the UK generally try to facilitate grandparent contact as it is seen as beneficial to the child to maintain meaningful relationships, and because the well-being of the child is prioritised above adult conflict, generally, grandparents are granted some kind of contact when they pursue legal proceedings.
In rare cases, particularly when safeguarding concerns are involved, the grandparents may be prevented from having contact or may be restricted to supervised or indirect contact.
By understanding the legal framework, the step-by-step application process, the key factors courts consider, and the special circumstances that may strengthen your case, you can approach the situation with clarity and confidence. Alternatives such as mediation and solicitor-led negotiation can also help resolve matters without the stress of court proceedings.
How Eric Robinson Solicitors can help
If you are a grandparent facing separation from your grandchildren, get in contact with your closest office and book a free 30-minute consultation to help you decide on your next steps. Our specialist family law solicitors are here to help you understand your options and support you with everything from mediation to full court proceedings.
We have solicitors offices in:
- Southampton
- Hedge End
- Chandlers Ford
- Winchester
- Lymington
- Shoreham-by-Sea
- Marlborough
- Richmond Upon Thames
- Gloucester
- Chippenham
