Grandparents often hold a cherished place in family life, offering love, wisdom and stability across generations. When family relationships break down through separation, divorce or conflict, their ability to maintain contact with grandchildren can suddenly become uncertain.
Unlike parents, grandparents do not have automatic rights to spend time with their grandchildren, even if they have been a constant and central figure in a child’s life. Losing contact, particularly when a close and meaningful bond already exists, can be deeply distressing for both grandparent and child.
If a parent refuses contact, it is important to explore all possible ways of rebuilding communication before considering an application to the family court. Family counselling may help address the issues that led to the breakdown in communication. Mediation is another useful option, providing a structured environment in which everyone can express their concerns and explore solutions. A solicitor may also be able to assist by communicating directly with the child’s parent or parents to encourage an agreement. These steps can often prevent tensions from escalating and may avoid the need for court involvement, which can sometimes be viewed as confrontational.
If reconciliation is not possible, grandparents may consider applying to the family court for a Child Arrangements Order. Grandparents do not have an automatic right to make this application, except in limited circumstances such as where a child has lived with them for at least three of the last five years. In most cases, the court must first grant permission for the application to proceed. When deciding whether to grant permission, the court will consider the existing relationship between the grandparent and the child, the nature and quality of that relationship and whether the application is likely to support the child’s welfare.
If permission is granted, grandparents can then apply for a Child Arrangements Order to spend time with their grandchildren. When considering any application, the court’s primary concern is the welfare of the child. To reach its decision, the court uses what is known as the welfare checklist. This includes factors such as the child’s wishes and feelings depending on age, their physical, emotional and educational needs, any risk of harm and the likely impact of changes in their circumstances. The strength of the grandparent and grandchild relationship is an important part of this assessment.
Where grandparents have lost contact because of difficulties between the parents, and one parent is also being refused contact, this does not prevent grandparents from making an application. However, the court will usually prioritise restoring the child’s relationship with their parent before considering wider family contact. In more complex situations, it is especially important to seek specialist legal advice.
At Ellisons, our experienced Family Law solicitors understand how emotionally challenging these situations can be. We provide sensitive, tailored support to help families navigate disputes and work towards a positive outcome. If you would like further advice on any of the issues raised above, please contact Ellisons specialist Family Law team.
