Understanding Grandparent’s Rights

Grandparents often play a vital role in the lives of their grandchildren. However, there are situations where a grandparent may seek legal recognition of that role—especially when contact has broken down or care responsibilities arise. This blog explores “grandparents’ rights,” the legal framework in England and Wales, and the steps grandparents can take to maintain or strengthen their relationship with a grandchild.

What Are Grandparents’ Rights?

In UK law, grandparents do not have automatic legal rights to contact or care for their grandchildren. However, under the Children Act 1989, they may apply to the family court for an order to spend time with or care for the child, subject to certain conditions.

This is typically done by applying for a Child Arrangements Order under section 8 of the Children Act 1989. In most cases, grandparents must first seek the court’s permission (leave) to make such an application unless they already have parental responsibility or the child has lived with them for a significant period.

When Can Grandparents Apply for Contact or Care?

The most common form of application made by grandparent/s is:

Child Arrangement Order (contact) If either or both of the child’s parents are preventing the child from having a relationship with their grandparent/s then the grandparent/s can make an application to the court for various orders including a Child arrangements Order  ensuring that the child does have a relationship with the grandparent/s. Such orders usually define those times. Such court orders can provide for telephone  calls /video calls /regular face-to-face time with the child / regulate special occasions or combination of all of these.

Common circumstances where grandparents apply to the court include:

• Parental separation or divorce: If the parents have separated and contact with the grandchild has broken down, a grandparent can apply to the court for permission to seek a Child Arrangements Order.

• Parental death: If a parent has died, grandparents may apply for a Child Arrangements Order (Live With) or a Special Guardianship Order, particularly if they have had a strong prior relationship with the child and there is no suitable guardian. If a child ends up living with their grandparent/s then this is important as a live with order will also provide the grandparents with Parental Responsibility. That is important as it allows them to make decisions in relation to the children such as a choice of school or the ability to engage with their school and obtain school reports or to provide medical consent.

• Parental neglect or inability to care: Where there are concerns about parental fitness due to abuse, addiction, or neglect, grandparents may request a Live With Order to provide a more stable environment.

In all cases, the court will assess the child’s best interests, not the desires of the grandparent.

What Steps Should Grandparents Take?

If you are a grandparent seeking to re-establish contact or take on a caregiving role, the following steps apply:

1. Attempt Informal Resolution:

Start by speaking with the child’s parents and try to agree on contact arrangements. Avoiding legal proceedings is always preferable where possible.

2. Attend Mediation (MIAM):

Before applying to court, most applicants are required to attend a Mediation Information and Assessment Meeting (MIAM) under the Children and Families Act 2014. This meeting explores whether the dispute can be resolved through family mediation.

3. Apply for Leave to Apply to Court:

If mediation is unsuccessful, grandparents must seek leave of the court under section 10(9) of the Children Act 1989. The court considers:

• The grandparent’s connection with the child,

• The nature of the application,

• The risk of disrupting the child’s life.

4. Apply for a Child Arrangements Order:

If leave is granted, grandparents may then apply for a Child Arrangements Order specifying that the child either “spends time with” or “lives with” the grandparent.

Legal Challenges and Considerations

It is important to note that success is not guaranteed. Courts give primary consideration to the child’s welfare and emotional well-being. If the grandparent has had little prior involvement, or if the parents strongly oppose contact, the application may face challenges.

The court may also consider whether ongoing contact might cause emotional disruption or affect the child’s sense of stability.

In more serious cases involving the need for longer-term care, grandparents may consider applying for a Special Guardianship Order, which provides a more permanent legal status than a Child Arrangements Order. Such applications are usually made hand-in-hand with Children’s Services