Grandparents often play an invaluable role in a child’s life. For many families, especially those with young children, they provide stability, emotional support, and continuity. When family relationships break down, contact between grandparents and grandchildren can sometimes be restricted or stopped altogether. This can be distressing and confusing, and many people in this position understandably ask whether grandparents have a right to see their grandchildren at all?
Do grandparents have a legal right to see their grandchildren?
In England and Wales, grandparents do not have automatic legal rights to see or spend time with their grandchildren. This is because parents, and sometimes guardians, hold parental responsibility, giving them the authority about their child’s day to day care, living arrangements and in this instance, who the child sees. Grandparents, despite often having a close relationship with their grandchildren, do not have parental rights.
Grandparents do not automatically hold parental responsibility, even though they may well have played a significant role in their grandchild’s life. As a result, they cannot insist on contact and the law will not assume that contact should take place without parental consent.
Why might grandparents be denied access?
There are many reasons a parent or guardian may choose to limit or stop contact between a child and their grandparents. Often, these decisions arise during or after a difficult period within the family. Of course, the courts hope that parents only deny access to their children out of a genuine belief that they are protecting the child’s wellbeing.
One of the main reasons why an application could be denied is on the grounds of safeguarding concerns. A parent could oppose such orders if they believe contact may place a child at risk emotionally or physically. This is because the law recognises parents as the primary decision makers unless indeed a court order states otherwise. The courts do however take all considerations into account when making a decision, after all their overarching goal is to act in the child’s best interests.
It is important to emphasise that these situations are rarely straightforward. The law does not assume that denying contact to grandparents is harmful, nor does it assume that maintaining contact is always beneficial. Each situation is unique, and courts look at what is best for the child, not what is fair for the adults involved. If they are denied access they will need to set up a child arrangement orders for grandparents.
Can grandparents apply to the courts for access?
It should first be noted that the first step should always be informal resolution, be it discussions between the parties or via mediation, which in more cases than not proves remarkably successful. All parties should go into these discussions with the hope of finding an amicable resolution not least since it reduces costs, litigation risk and reduces impact on the wellbeing of all parties involved including most importantly the children.
Court is and should always be a last resort which means only when those informal discussions are exhausted, grandparents can apply to the Family Court for legal assistance. As above, the process involves two stages.
Stage 1: Permission
Grandparents must first ask the court for permission to issue an application for a Child Arrangements Order.
At this stage, the court looks at:
1.) The nature of the grandparents’ relationship with the child
2.) The reasons for the application
3.) Whether the application could disrupt the child’s life
4.) Any risks involved in progressing the case
In most cases where grandparents have had a meaningful ongoing relationship with the child, permission is granted.
Stage 2: Application
Once permission is granted, grandparents can apply for an order that sets out the type of contact they are seeking. This may be direct, such as regular visits or day trips, or indirect, such as phone calls or letters.
During the process the court may well invite the parties to attend a hearing wherein they will assess the concerns and requests of both sides, or to explore whether an agreement can be reached without court intervention at all. If agreement is not possible, a judge will ultimately decide whether contact should be ordered and, if so, on what terms. Most cases do however find a way to find an agreement without incurring the process and costs of a full hearing.
This process can feel daunting, but many grandparents successfully secure contact through the courts, particularly where they can demonstrate a positive, stable relationship with their grandchild and a willingness to support the child’s overall wellbeing.
What factors will the court consider?
When deciding whether to grant contact, the court must consider the welfare checklist set out in the Children Act 1989. This ensures that the child’s best interests are always the court’s primary concern.
Factors include:
1.) The child’s emotional, physical, and educational needs
2.) The likely effect on the child of any change in circumstances
3.) The child’s wishes and feelings, depending on age and maturity
4.) The child’s relationships with parents, siblings, and wider family, including grandparents
5.) Any risk of harm
6.) The capability of the adult in question to meet the child’s needs
The court will also consider the history and quality of the relationship between the child and grandparent. Evidence that the grandparent has been a consistent, supportive presence will usually strengthen the case.
The court is not concerned with adult disputes for their own sake. The key question is always whether allowing contact with the grandparent will be to the benefit of the child’s overall welfare or to their detriment.
Are there alternatives to going to court
Yes, and alternatives should certainly be explored before making an application to the courts. Family mediation is a widely encouraged and a hugely beneficial step before making an application. In fact, grandparents must attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies. Without such attendance, the courts may criticise the individual for not attending.
Mediation gives families a private, neutral setting to discuss concerns, rebuild communication, and work towards a mutually acceptable agreement. It is often quicker, less expensive, and less contentious than court proceedings.
While mediation does not work in every situation, especially where communication has broken down completely and irreparably, it can be invaluable in helping families find a way forward without the stress and uncertainty of litigation.
Can contact be stopped once it has been established?
If contact is taking place informally without a court order, parents or guardians can stop it at any time. This can be difficult for grandparents, particularly if they have been heavily involved in the child’s life. Without a legal order in place, grandparents have limited ability to challenge this decision unless they pursue legal action.
If there is a Child Arrangements Order in place providing the grandparent contact, the situation changes. A parent cannot simply stop contact without applying back to the court to vary or discharge the order, unless immediate safeguarding concerns require urgent action.
If an order is in place, and there is a new application to vary it, the courts will examine whether stopping contact is truly in the child’s best interests, often having to examine what material changes in circumstances have occurred in order to justify the variation or total discharge of a previously granted order.
How can grandparents strengthen their case?
While every situation is unique, there are steps grandparents can take to support their position if court involvement becomes likely.
Firstly, it can be helpful to maintain clear evidence of involvement in the child’s life, such as photographs, messages, or records of time spent together. This helps demonstrate the strength and consistency of the relationship.
Secondly, grandparents should approach the situation calmly and constructively. Courts respond positively to adults who show a willingness to cooperate, attend mediation, avoid conflict, and put the child’s needs above personal grievances.
Finally, grandparents should be prepared to show how continued contact will benefit the child, rather than focusing solely on their own sense of loss or unfairness. The more clearly a grandparent can demonstrate that their involvement supports the child’s wellbeing, the stronger their case is likely to be.
How Goughs can help
At Goughs, we understand how emotionally challenging it can be for grandparents to lose contact with their grandchildren. Our experienced family law team provides clear, practical guidance to help you understand your rights and the options available.
Whether you need support navigating mediation, advice on preparing a strong application, or representation in court proceedings, our solicitors can help you work towards a positive outcome for your family. Get in contact with us.
