Grandparents’ Rights to See Grandchildren in the UK: What You Need to Know

Grandparents can play an important role in family life, whether that’s helping with childcare, collecting grandchildren from school, sharing family traditions, or simply enjoying time together. These relationships can provide children with a sense of belonging and connection to their wider family, often creating memories that last a lifetime.

However, family relationships aren’t always straightforward. Separation, divorce and disagreements between relatives can sometimes result in grandparents losing contact with grandchildren they’ve previously spent time with regularly. This can be particularly upsetting when grandparents have played a significant role in a child’s upbringing, leaving families uncertain about how to move forward and whether those relationships can be rebuilt.

One of the most common questions in these situations is whether grandparents have a legal right to see their grandchildren. In England and Wales, most grandparents don’t automatically have legal rights to contact, but that doesn’t necessarily mean they have no options. Depending on the circumstances, there may be steps they can take to resolve disagreements and explore arrangements for maintaining contact.

To help families understand the legal position, I’ve sought expert guidance from Nichola Bright, Partner and Head of Family at Myerson Solicitors. Nichola has shared her professional insight into grandparents’ rights, family mediation and the circumstances in which the courts may become involved.

In this guide, we’ll look at what the law says about grandparents seeing their grandchildren, the practical steps families can consider when contact breaks down and the importance of keeping children’s wellbeing at the centre of any decisions.

Do Grandparents Have a Legal Right to See Their Grandchildren?

One of the biggest misconceptions about grandparents’ rights in England and Wales is that having a close relationship with a grandchild automatically gives you a legal right to see them. Unfortunately, this isn’t the case. In most circumstances, Grandparents don’t have an automatic legal right to contact with their grandchildren, even if they’ve played a significant role in their upbringing or regularly helped with childcare.

However, not having an automatic right to contact doesn’t mean grandparents have no legal options. As Nichola Bright, Partner and Head of Family at Myerson Solicitors, explains:

“The courts recognise the important role grandparents can play in children’s lives and the benefits of maintaining these relationships.”

If family members cannot agree on contact arrangements, grandparents can ask the court for permission (leave) to apply for a Child Arrangements Order, as they do not have an automatic right to make an application.  

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

• The nature of the proposed application
• The grandparent’s connection with the child
• Whether the application might disrupt the child’s life to such an extent that the child would be harmed 

If permission is granted, the court can then move on and consider whether spending time together would be in the child’s best interests. Their existing relationship with the child can be relevant, although it doesn’t guarantee that contact will be granted.

The most important consideration in any court proceedings is the child’s welfare. This means the court will look at the individual circumstances of the family and consider what arrangements would best support the child’s needs and wellbeing, rather than simply deciding whether a grandparent or parent should have the final say.

Can Parents Stop Grandparents Seeing Their Grandchildren?

In many circumstances, parents can decide whether their children spend time with their grandparents, although the legal position will depend on parental responsibility, any existing court orders and the family’s individual circumstances. If disagreements arise, grandparents may feel they have little say in what happens, particularly when they’ve previously enjoyed a close relationship with their grandchildren.

There are many reasons why contact between grandparents and grandchildren might break down. Separation or divorce can sometimes create tension between extended family members, while disagreements about parenting decisions, family boundaries or past experiences may also affect relationships. Understanding how to prevent divorce from affecting children can help families recognise why protecting children from adult disagreements is so important. In some cases, parents may have genuine concerns about their child’s safety or emotional wellbeing, which need to be taken seriously.

It’s important not to assume that either side is automatically right or wrong. Grandparents may understandably feel hurt when contact is restricted, especially if they’ve regularly helped with childcare or played an important role in their grandchildren’s upbringing. However, parents also have responsibilities towards their children, including making decisions they believe will protect their wellbeing.

Where grandparents have been closely involved in a child’s life, that existing relationship may be relevant if the matter eventually reaches court. For example, a grandparent who has regularly cared for a child may be able to demonstrate the importance of their relationship and the role they’ve played in providing stability and support. However, previous involvement doesn’t automatically guarantee future contact, as the court must consider what arrangements would be in the child’s best interests.

Situations can become particularly complicated when one parent supports contact with grandparents but the other objects. The legal position will depend on the circumstances, including who has parental responsibility and whether any court orders are already in place. In these cases, seeking independent legal advice may help families understand their options, while calm communication or mediation may offer a way to resolve disagreements without further conflict, where it is safe and appropriate to do so.

What Should Grandparents Do When Contact Is Stopped?

If you’ve suddenly been prevented from seeing your grandchildren, it’s understandable that you might feel hurt, frustrated or unsure what to do next. This can be particularly difficult if you’ve always enjoyed a close relationship, perhaps helping with childcare, collecting them from school or spending time together every week. When that contact disappears, it can leave a real gap in family life.

Although your first instinct might be to challenge the decision, taking a calm and considered approach can sometimes help prevent an already difficult situation from becoming worse. Nichola Bright, Partner and Head of Family at Myerson Solicitors, recommends trying to resolve disagreements through open communication wherever it is safe and appropriate to do so.

Before taking further action, it may help to understand why contact has stopped. Family relationships can become strained following separation, divorce or disagreements about parenting decisions, and there may be concerns that need addressing. Rather than focusing entirely on why the situation feels unfair, try to listen to the parents’ perspective and consider whether there is a way to rebuild trust. Of course, where there are safeguarding concerns or a history of abuse, direct communication may not be appropriate, and seeking professional advice could be a safer starting point.

Where family relationships have become strained, family counselling may also help relatives explore communication difficulties and emotional challenges, although it is different from legal family mediation.

It’s also important to protect children from becoming caught up in disagreements between adults. However upsetting the situation may be, grandchildren shouldn’t feel responsible for resolving family disputes or be encouraged to take sides. Avoid asking them to pass messages between relatives or discussing disagreements in front of them, as this can place unnecessary emotional pressure on children who may already be finding the situation confusing.

Could Family Mediation Help?

If conversations with the child’s parents aren’t leading anywhere, family mediation may provide an opportunity to explore possible solutions. An independent mediator can help relatives discuss their concerns in a more structured environment and consider arrangements that everyone feels comfortable with, such as occasional visits, telephone calls or gradually rebuilding contact.

Mediation isn’t suitable for every situation, particularly where there has been domestic abuse or there are concerns about a child’s safety. However, when appropriate, it can offer a less confrontational alternative to court proceedings and may help preserve important family relationships.

When Should Grandparents Seek Legal Advice?

If attempts to resolve the situation haven’t worked, speaking to a solicitor who specialises in family law can help clarify what options are available. This doesn’t automatically mean starting court proceedings. A solicitor can explain whether applying for a Child Arrangements Order might be appropriate, whether permission from the court would be required and what the process could involve.

Nichola also encourages grandparents to be patient and keep the door open for future contact. Although rebuilding family relationships can take time, approaching the situation respectfully and keeping children’s wellbeing at the centre of any decisions may help create opportunities to reconnect.

Ultimately, there isn’t one solution that will work for every family. The circumstances surrounding a breakdown in contact can be complicated, but understanding the available options can help grandparents make informed decisions about what to do next.

Can Grandparents Apply for a Child Arrangements Order?

If grandparents have been unable to reach an agreement about seeing their grandchildren, they may be able to apply to the family court for a Child Arrangements Order. This is a legal order that can set out when and how a child spends time with someone, including arrangements for face-to-face visits, telephone calls or other forms of communication.

However, the process is slightly different for grandparents than it is for parents. In England and Wales, grandparents will usually need to obtain permission from the court before they can apply for a Child Arrangements Order. There are exceptions, including certain circumstances where a grandchild has previously lived with them or where they have the necessary consent from people with parental responsibility.

Nichola Bright explains that when deciding whether to grant permission, the court will consider the existing relationship between the grandparent and grandchild, the reasons for making the application and whether court proceedings could cause harm or disruption to the child’s life. This initial stage is important because obtaining permission doesn’t automatically mean the court will make an order allowing contact.

If permission is granted, the court can then consider the proposed arrangements, with the child’s welfare remaining its paramount consideration. Every family situation is different, and the court will look at the individual circumstances rather than assuming that contact should automatically take place.

How Long Does the Court Process Take?

It’s important to understand that applying for a Child Arrangements Order isn’t necessarily a quick process. Nichola advises that court proceedings can take several months, particularly when arrangements are disputed or family relationships are complicated.

There is also a court application fee, and grandparents who choose to instruct a solicitor may face additional legal costs. The overall expense will depend on the circumstances of the case and how much legal assistance is required.

For these reasons, seeking professional legal advice before making an application can be helpful. A family law solicitor can explain the likely timescales, potential costs and whether court proceedings are appropriate, allowing grandparents to make a more informed decision about their next steps.

How Does Family Mediation Work for Grandparents?

Family mediation can provide a way for grandparents and parents to resolve disagreements about contact without going through court proceedings. Rather than having a judge make decisions about family arrangements, mediation gives everyone involved an opportunity to discuss their concerns with the help of an independent, trained mediator.

During mediation, family members can explore possible solutions that take account of the child’s needs and their individual circumstances. This might involve agreeing on regular visits, arranging telephone or video calls, or finding a gradual way to rebuild relationships where contact has broken down. The mediator doesn’t take sides or impose a decision but helps everyone communicate and work towards an agreement.

Nichola Bright explains that mediation can be less stressful and confrontational than court proceedings, particularly when families want to preserve relationships for the future. However, it requires a willingness to participate, and reaching an agreement isn’t guaranteed.

What Is a MIAM?

Before making certain applications to the family court, including applications relating to child arrangements, applicants are generally required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies.

A MIAM is an initial meeting with an authorised family mediator who explains how mediation works and assesses whether it could be suitable for the family’s circumstances. Attending a MIAM doesn’t mean grandparents must agree to mediation or that the other family members will necessarily participate.

If mediation isn’t suitable or doesn’t lead to an agreement, the mediator can explain the next steps, which may include obtaining the documentation needed for a court application.

When Might Mediation Be Inappropriate?

Although mediation can be helpful, it isn’t the right approach for every family. Where there has been domestic abuse, there are concerns about a child’s safety or someone feels unable to speak freely, mediation may be inappropriate.

In these circumstances, seeking advice from a qualified family law solicitor can help grandparents understand what alternatives may be available. The safety and wellbeing of everyone involved, particularly the children, should always take priority over reaching an agreement.

Does a Child’s Opinion Matter When Grandparents Apply for Contact?

When disagreements about contact reach the family court, the child’s wishes and feelings can play an important role in deciding what happens next. However, this doesn’t mean children are expected to make the final decision about whether they see their grandparents. Instead, their views are considered alongside their emotional needs, family circumstances and overall wellbeing.

Nichola Bright explains that the court takes account of a child’s age and level of understanding when considering their wishes and feelings. For example, the views of an older child may carry more weight than those of a very young child, although there is no particular age at which a child automatically gets to decide whether contact should take place.

In some cases, the court may ask the Children and Family Court Advisory and Support Service (Cafcass) to prepare a report. Cafcass officers can help the court understand the child’s circumstances, including their emotional needs, existing relationships and how proposed contact arrangements might affect them.

Grandparents can provide children with love, stability and a valuable connection to their wider family, particularly during difficult periods such as parental separation. However, maintaining these relationships must always be considered in the context of the individual child’s needs. Where there are concerns about safety, emotional harm or family conflict, these factors must also be taken seriously.

Family disagreements can be confusing and upsetting for children, even when adults try to protect them from the conflict. Understanding how to support your child’s mental health can help parents recognise when children may need additional reassurance or emotional support.

Ultimately, the court’s responsibility is to make decisions that support the child’s welfare, rather than simply choosing between the wishes of parents and grandparents. This is why keeping children out of adult disagreements and allowing them to express their feelings without pressure is so important.

Coping Emotionally When You Cannot See Your Grandchildren

Losing contact with grandchildren can be an incredibly painful experience, particularly when you’ve previously been closely involved in their everyday lives. Birthdays, Christmas celebrations and ordinary family moments can become difficult reminders of a relationship that has changed. For some grandparents, the uncertainty of not knowing when they might see their grandchildren again can be just as upsetting as the separation itself.

It’s natural to experience a mixture of emotions, including sadness, frustration, anger and helplessness. However, when family relationships have broken down, acting on those feelings without considering the wider circumstances can sometimes make reconciliation more difficult. Taking time to process what has happened, perhaps by talking to a trusted friend, family member or counsellor, may help you approach the situation more calmly.

Nichola Bright, Partner and Head of Family at Myerson Solicitors, encourages grandparents to avoid allowing disagreements to escalate and to keep children out of any conflict between adults. She explains:

“Sometimes giving everyone a little time and space can help.”

Although it can be difficult when you’re missing someone you love, respecting boundaries and allowing relationships time to settle may create opportunities for constructive conversations in the future. Where communication remains possible and appropriate, it may help to express your willingness to rebuild trust without placing pressure on the child’s parents or expecting an immediate resolution.

It’s equally important to recognise that reconciliation isn’t always possible or appropriate, particularly where there are safeguarding concerns or a history of harmful behaviour. In these circumstances, professional guidance can help families understand their options while protecting everyone’s wellbeing.

For grandparents struggling with the emotional impact of losing contact, maintaining their own support networks and looking after their mental health can make a difference. Although the situation may feel beyond their control, seeking appropriate advice and focusing on what would genuinely benefit their grandchildren can provide a more constructive way forward.

As Nichola advises, keeping the possibility of future contact open may be worthwhile, even when relationships cannot be repaired immediately. Ultimately, the aim should be to support children’s emotional security and wellbeing, whether that involves rebuilding relationships gradually or accepting that different boundaries are needed.

Frequently Asked Questions About Grandparents’ Rights

Can grandparents take parents to court to see their grandchildren?

Yes, grandparents may be able to apply to the family court for a Child Arrangements Order if they cannot reach an agreement about contact. However, unlike most parents, grandparents usually need permission from the court before making an application. Permission is not a guarantee that contact will be granted, as the court must consider what arrangements are in the child’s best interests.

Do grandparents have rights to see their grandchildren after divorce?

Grandparents don’t automatically gain legal contact rights when a child’s parents divorce or separate. However, if family relationships break down and contact stops, grandparents may be able to explore mediation or seek legal advice about applying for a Child Arrangements Order. The child’s welfare will remain the most important consideration.

Can grandparents get visitation rights without going to court?

Families can agree arrangements for grandparents to spend time with their grandchildren without involving the courts. This might include regular visits, telephone calls or other forms of contact. Where disagreements make communication difficult, family mediation may help relatives reach an agreement, provided it is safe and appropriate for everyone involved.

Do grandparents need a solicitor to apply for contact?

Grandparents aren’t generally required to have a solicitor to make a court application, but obtaining professional legal advice can be helpful. A family law solicitor can explain whether permission to apply is needed, what evidence may be relevant and the potential costs and timescales involved.

Can a child refuse to see their grandparents?

A child’s wishes and feelings are important when decisions about contact are made, particularly as they become older and more mature. However, there isn’t a specific age at which a child automatically has the final say. If the matter reaches court, their views will be considered alongside their individual circumstances, emotional needs and overall welfare.

How much does it cost for grandparents to apply to court?

There is normally a court application fee when applying for a Child Arrangements Order, and additional costs may arise if grandparents choose to instruct a solicitor. The total expense depends on the circumstances and whether the application is disputed. Some applicants may qualify for help with court fees, depending on their financial circumstances. It’s worth checking the latest official fees before starting an application.

Where Can Grandparents Get Further Help?

If you’re struggling to maintain contact with your grandchildren, you don’t have to work through the situation without support. Whether you’re hoping to resolve a disagreement within the family, considering mediation or trying to understand your legal options, several organisations provide information and guidance for grandparents in England and Wales.

The government’s guidance on contact with grandchildren following separation or divorce is a useful starting point. It explains the options available when informal family arrangements have broken down, including mediation and applying to the family court. You can also find information about Child Arrangements Orders, court applications and financial assistance with court fees.

If you’re considering mediation, the Family Mediation Council provides information about the process and a directory of registered family mediators. This can help you find an appropriately qualified professional who can explain whether mediation might be suitable for your circumstances.

For families who need individual legal advice, a solicitor specialising in family law can explain how the law applies to their particular situation. Nichola Bright, Partner and Head of Family at Myerson Solicitors, has provided the expert legal commentary for this article and advises grandparents to understand their options before deciding whether court proceedings are necessary.

It’s worth remembering that seeking advice doesn’t mean committing to legal action. Sometimes understanding your rights, responsibilities and the available alternatives can help you make more informed decisions about how best to protect your relationship with your grandchildren while keeping their wellbeing at the centre of everything.

Final Thoughts on Grandparents’ Rights

The relationship between grandparents and grandchildren can be incredibly special, which makes losing contact particularly difficult for everyone involved. Although grandparents don’t have an automatic legal right to see their grandchildren in England and Wales, there are options available when family relationships break down.

Whether that involves rebuilding communication, exploring family mediation or seeking professional legal advice, the most appropriate approach will depend on each family’s circumstances. While it’s understandable for grandparents to want to restore a relationship they’ve treasured, it’s equally important to respect parental responsibilities and recognise that children’s needs must always come first.

As Nichola Bright’s expert guidance highlights, resolving family disagreements isn’t always straightforward, and sometimes patience, understanding and professional support are needed. Whatever the circumstances, keeping children’s emotional wellbeing at the heart of any decisions offers the best starting point for finding a positive way forward.