Do grandparents have a legal right to see their grandchildren?

This article was originally published on 11 May 2021 and updated on 31 January 2022.

The simple answer is, no. In England & Wales, grandparents do not have an automatic or legal right to see their grandchildren. So what happens when grandparents are denied the opportunity to spend time with their grandchildren either due to a family dispute, relationship breakdown between the parents or perhaps where the parents were never in a relationship?

The best option to resolve a dispute like this is to simply discuss matters with the parents. This could be by way of face-to-face discussions or written correspondence e.g. email.

If an agreement cannot be reached about how and when the grandchildren might be able to spend time with their grandparents then another option would be to attend mediation. This would entail a trained family mediator, who is an impartial person, meeting with both parents and grandparents to help them reach a resolution to everyone’s satisfaction.

If mediation is not successful then the grandparents would need to consider applying to the court for a child arrangements order. However, a grandparent does not have an automatic right to apply for a child arrangements order in the same way as a parent. The grandparent would therefore first need to apply for permission (sometimes referred to as ‘leave’) to proceed with an application for a child arrangements order. This is to protect the child and family from unwarranted interference whilst ensuring that the child’s interests are properly respected.

The court will consider a number of factors when deciding whether to give permission to the grandparents, such as:

• whether they have a close relationship with the child
• the nature of the court application they want to make e.g. type of contact
• the views of the parents
• whether the application might be harmful to the child’s wellbeing

Generally, the family court recognises that a grandparent is a significant adult in a child’s life and it is rare for the court to refuse a grandparent’s application for permission to apply for a child arrangements order.

If the court gives permission to the grandparents then they can proceed with their application for a child arrangements order. Usually the application for permission, and the application itself can be made at the same time and using the same court form.

If one or both of the parents object to the application then it is likely that the court will schedule a full hearing to consider evidence from the grandparents and the parents. The grandparents will need to persuade the court that they have a meaningful and ongoing relationship with the grandchild which significantly benefits the child’s wellbeing. The court may also request a report from Cafcass.

The court’s priority is the welfare and wellbeing of the child and it will take into account all the circumstances of the individual family and only make an order if it will benefit the child. This means that the court may also consider the impact ongoing contact may have on the other family relations and any strain it may cause to the parents or child.

Until an agreement can be reached or a court order is made, it is really important for the grandparents to continue their relationship with the child and a good way of doing this is through telephone calls, facetime, writing emails/letters/postcards, and sending small gifts. This will continue to foster and strengthen the relationship between the grandparents and child and also illustrate to the court that the grandparent’s desire for contact with the child is genuine. If face to face contact is taking place, child contact centres can also help to facilitate contact handovers to avoid any conflicts between the parents and grandparents.

For more advice and guidance on grandparents rights you can visit the Kinship website (previously Grandparents plus).

Varinder Bhandal is a Family Law Expert in the Expert Advice Team at Citizens Advice.

The information in this article is correct as of the date of publication. Unfortunately, we are unable to respond to comments left on the medium site -please contact expertadvicesupport@citizensadvice.org.uk if you wish to give feedback on an article.