Grandparents rights

illustration for Grandparents rights

One concern after separation or divorce is that grandparents' visitation rights may be affected.

We understand that children benefit from multiple attachments and grandparents can be an important protective factor for children through the process of separation.

As a grandparent, you don't have an automatic legal right to see your grandchild if a parent stops you from seeing them. There may however be steps you can take. You can try to get help in seeing your grandchild through:

  • an informal, family-based arrangement with both parents
  • mediation 

If this doesn't work, you will need to apply to the court for an order allowing you to see your grandchild. A court application by grandparents is very similar to that by a parent making an application for a court order. The main difference is that, unlike a parent, as a grandparent (or other close family member) you need the court's permission to make the application unless your grandchild has been living with you for at least three years.

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Assuming the court allows your application to continue, the court will then decide whether or not you can spend time with your grandchild and, if so, what sort of contact would be in the grandchild's best interests.

Our lawyers have advised a wide range of family members, ensuring they receive the best legal advice and support available. We have: 

  • advised and represented grandparents and other close family members in court proceedings where the family were looking to spend time with the children following an acrimonious separation between the parents
  • advised grandparents who want to care for their grandchildren full-time, exploring with them the options available and working with them to secure their grandchildren's emotional and financial welfare
  • obtained parental responsibility orders for grandparents who are largely caring for their grandchildren full-time

We also have experience in advising close family members on special guardianship orders and fostering. 

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Our team of specialist family lawyers are here to support you if you're facing issues related to grandparents rights. Speak to our team today. 

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Grandparents' rights FAQs

Grandparents do not have an automatic legal right to see their grandchildren. However, they can apply for a court order under the Children Act 1989 if they are being denied contact.

The court considers the best interests of the child when making a decision. Factors such as the nature of the relationship between grandparent and grandchild, the child’s welfare, and the parents’ views are taken into account.

While the court encourages maintaining family connections, the ultimate decision is based on what is considered to be in the child’s best interests.

Grandparents do not have the automatic legal right to apply to the court to see their grandchildren. A grandparent needs to apply to the court first asking for the court's permission to make an application. The court will consider:

  • the grandparents’ connection with the child.
  • the application to see the grandchild, and the reasons behind it.
  • whether the application might be potentially harmful to the child’s wellbeing in any way.

The court’s primary consideration is the welfare of the child, and a judge will always make an order in the child’s best interests.

A court application for a child arrangements order should always be considered a last resort. For example, if you are finding it difficult to discuss things directly with the parents, we can help you set out your proposals and invite the parents to agree them.  

Mediation is another alternative, and an experienced mediator can often help everyone reach an agreement that works for their family.   

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