When families break down, relationships can change overnight.
One of the most painful consequences for grandparents is that contact may be limited or stopped with their grandchildren as a result.
If you are being prevented from seeing your grandchildren, you may be wondering whether you have any legal rights and what steps you can take to protect them.
Do grandparents have legal rights to see their grandchildren?
In England and Wales, grandparents do not have automatic legal rights to see their grandchildren.
Parents usually hold parental responsibility, which gives them the authority to make decisions about their child’s upbringing, including who they spend time with.
Parents can decide to limit or stop contact, but that does not mean grandparents are powerless.
The law recognises that grandparents often play an important and positive role in a child’s life and the courts will consider this carefully if an application is made.
When can parents restrict contact with grandparents?
Parents can legally restrict someone’s contact with their child and this often happens during divorce, separation or family disputes.
Contact can also be stopped due to safeguarding concerns.
Before you take legal action, it is sensible to try to resolve matters informally. Open and calm communication can sometimes rebuild trust and lead to an agreement.
However, if direct conversations are not possible, then mediation is often a valuable next step.
Do you have to go to court to resolve contact disputes?
The court is often a last resort and most families will be required to attend a Mediation Information and Assessment Meeting (MIAM) before making a court application.
Mediation provides an opportunity for families to reach an agreement with the help of a neutral third party.
Mediation is often quicker and less expensive than court proceedings. If it fails or is not appropriate for your case, you may need to apply to the Family Court.
How can grandparents apply to the court for access?
Grandparents can apply for a Child Arrangements Order, which determines who a child lives with and who they spend time with.
This Order can set out regular visits, overnight stays, contact over the holidays or indirect contact such as phone or video calls.
If you were the primary carers for your grandchildren, the Order can also address where the child will live and this will be based on their best interests.
Unlike parents, grandparents must first ask the court for permission to make the application.
When deciding whether to grant permission, the court will consider:
- The nature of your relationship with the child
- Your reasons for applying
- Whether the application could disrupt the child’s life
- Any potential risk to the child
If you have a meaningful and ongoing relationship with your grandchildren, permission could be granted.
How will the court decide on grandparents’ rights?
The court’s overriding priority is always the child’s welfare.
Under the Children’s Act 1989, the judges will apply the welfare checklist, which includes:
- The child’s wishes and feelings (depending on their age and understanding)
- Their emotional and physical needs
- Any risk of harm
- The ability of those involved to meet the child’s needs
- The child’s existing relationships, including with grandparents
The court will not assess who is right or wrong in family disputes and will focus on whether contact with their grandparents truly benefits the child.
How can we support you?
While grandparents do not have automatic rights, there are still legal options available to maintain contact with your grandchildren.
Our Family Law team can provide you with clear advice on the best route for you and help you prepare court applications, if necessary.
We can work in conjunction with mediators to help you reach a fair agreement efficiently and avoid costly and stressful court proceedings.
With the right professional support, you can take the right steps to maintain your relationship and contact with your grandchildren and try to avoid as much disruption as possible.
If you need further advice or support, our Family Law experts can offer advice on a practical approach that works for your family.
