Grandparents’ Rights Your Guide to UK Law

Posted: 22 August 2025

Do Grandparents Have Automatic Contact?

Family relationships can become strained during separations or family breakdowns, and one group often caught in the middle are grandparents. While they can play a vital role in the emotional and practical support of children. Grandparents in England and Wales do not have an automatic legal right to see their grandchildren. However, the law does offer routes through which they can seek to maintain that important relationship.

Do Grandparents Have Parental Responsibility?

A parent will usually have parental responsibility for their child. This provides them with an automatic right regarding decisions about their child’s upbringing, which includes who they spend time with. Grandparents do not have that status by default. Although grandparents do not have parental responsibility, courts in England and Wales recognise their important role where a close and positive relationship exists. In such cases, the court acknowledges the value of maintaining this connection for the child’s well-being.

Applying to Court: Getting Permission First

If negotiations break down and mediation is not successful, a grandparent can apply for a Child Arrangements Order under the Children Act 1989. This can determine the time they spend with a child. Unlike parents, grandparents must first seek the court’s permission to make such an application.

When considering whether to grant permission, the court will consider:

• The grandparent’s connection with the child.
• The nature of the application.
• Whether the application could be potentially harmful to the child’s well-being.

Permission to make an application is generally granted where there is evidence of a meaningful relationship and the application is made in good faith.

A Child’s Welfare is Paramount

If permission is granted, the court will then assess the actual application. In all cases, the child’s welfare is the court’s paramount consideration, guided by the ‘welfare checklist’ in the Children Act 1989. This includes factors such as:

• The child’s wishes and feelings (in light of their age and understanding).
• The child’s emotional needs.
• The likely effect of any change in circumstances.
• The capability of the applicant to meet the child’s needs.

The court will only make an order if it believes doing so is better for the child than making no order at all.

Alternatives to Court

Before making any application to court, most applicants (including grandparents) must attend a Mediation Information and Assessment Meeting (MIAM). To explore whether the issue can be resolved without litigation.

In many cases, grandparents and parents can reach an agreement through family mediation, which is less adversarial than court proceedings.

It is important to remember that if an agreement cannot be reached via mediation or through solicitor assisted negotiations. An application to the court is an option which can bring such a dispute to a suitable conclusion.

Complex Relationships

In cases involving conflict, such as when a parent objects to contact due to family disputes, the court may need to investigate further. The court can instruct CAFCASS (Children and Family Court Advisory and Support Service) to speak with the family and assess what arrangement would be in the best interests of the child.

In rare situations, such as concerns about safety or neglect, the court may decide that contact is not appropriate. However, this is generally in circumstances where the continued involvement would pose a risk to the child.

Key Takeaway for Grandparents

While the law in England and Wales does not give grandparents automatic rights to contact, it does provide a pathway to preserve important family bonds. The court acknowledges that, in many cases, maintaining a relationship with grandparents is beneficial for a child’s welfare. Mediation is a crucial step, but, when necessary, the courts can intervene to ensure that a child has the ability to maintain a relationship with their wider family.

If you’re a grandparent seeking to maintain or restore contact with a grandchild, it is important to seek legal advice which is tailored to your circumstances. Early legal guidance can help you to explore your options and preserve your place in a grandchild’s life.

Contact us

If you require Family Law legal advice or require representation in a family court, please contact our expert Family Law Team. Call Chelmsford Office 01245 493959 or Braintree Office  01376 556690 or send an email.

Author: Daren Vythilingum Partner and Head of Family Department

Daren specialises in Family Law, from divorce and financial settlements to complex Children Act cases. He expertly handles cohabitation disputes and pre-nuptial agreements, aiming for amicable client resolutions.