Rights of Grandparents

Grandparents should seek legal advice as to their options. For example, a solicitor could contact the parent or their legal representative to try to resolve matters and reach an agreement. Alternatively, grandparents could consider referring the matter to mediation in order to try reach an agreement. The Court will always expect parties to try to resolve matters outside of Court proceedings.

Mediation allows all parties to discuss the current issues and reach an agreement outside of the Court process. This process allows parties to deal with past concerns and provides a safe place for individuals to discuss their views. An agreement reached together through mediation may well have a far greater level of success in the long run rather than a court enforced arrangement.

Parties are required to attend a MIAM (Mediation Information and Assessment Meeting) unless an exemption applies before making any application to Court. The mediator will also discuss other “Non-Court Dispute Resolution” (NCDR) options to consider so that court proceedings can be avoided if possible. If mediation does not proceed or is not successful, the mediator will provide the necessary signed form for an application to proceed to Court.

Yes. The Court will be looking at the relationship of the grandparents separately from a parent who does not spend time with their children. However, if there is a conflicting application, spending time with the parent will usually take priority. It is important to take specialist legal advice to determine whether making such an application would be a help or a hindrance to the parent who is not currently seeing the children, and indeed the chances of an application being successful.

If the application proceeds, the Court will use the welfare checklist (section 1 of the Children Act 1989) to determine what Order should be made, the same as an application by a parent. The checklist includes - the wishes of the child, the child’s physical, emotional and educational needs and any harm suffered by the child. Where a child does not have a link with their maternal or paternal family through a parent, this will be an important factor for the Court to consider under the welfare checklist.

Further information for grandparents can be found on the Resolution or the Cafcass.

Under current law in England and Wales, grandparents do not hold automatic legal rights or parental responsibility to maintain contact with their grandchildren. Day-to-day decisions regarding who a child sees rest with those holding parental responsibility, which usually means the parents. However, the courts recognise the vital role grandparents play in family life and emotional stability, providing clear legal pathways to help you seek contact if communication with the parents has broken down or access is being denied.

Unless your grandchild has lived with you for a significant period, you must first apply to the court for permission (known as 'leave') before making a formal application for a Child Arrangements Order. The court reviews this initial request to ensure the application is genuinely in the child's best interests and will not cause unnecessary disruption. Once leave is granted, you can apply for an order specifying direct contact, such as weekend visits, or indirect contact through phone calls and letters.

When assessing any court application involving a child, the court's paramount consideration is always the child's welfare and best interests. Judges look at the historic strength of your relationship with your grandchild, the emotional impact of any ongoing conflict, and how continued contact supports the child's ongoing development. Our sympathetic family law team works closely with you to demonstrate the positive, nurturing bond you share with your grandchild, ensuring your voice is heard throughout the court process.