Grandparents' Rights to See Grandchildren in the UK
Losing contact with your grandchildren is one of the most difficult situations a family can face. Whether contact has been stopped following a separation, a bereavement, or a dispute with a parent, understanding your legal position is the first and most important step.
We know that behind every enquiry is a grandparent who loves their grandchild deeply, and that the situation you're facing is rarely straightforward.
This page explains what rights grandparents have in England and Wales, how the courts approach these cases, and what you can do to protect your relationship with your grandchildren. At Belderbos, we work with families in exactly this situation every day, and we're here to help you find the clearest way forward.
Book your free discovery call
Our free discovery call is a straightforward conversation with one of our family law solicitors. There’s no obligation and no charge. It gives you the chance to explain your situation, ask questions, and understand your options before deciding whether to instruct us.
To book, visit our discovery call page, call us on 01572 490 660, or email admin@belderbossolicitors.co.uk.
Do grandparents have legal rights in the UK?
In England and Wales, grandparents don’t have an automatic legal right to see their grandchildren. There’s no statutory entitlement to contact simply by virtue of being a grandparent. However, that doesn’t mean you’re without options.
If a parent refuses contact, you can apply to the family court for an order. The court will decide what arrangement best serves the child’s welfare. Parental refusal alone isn’t a reason to deny contact if the court considers it to be in the child’s interests.
This page covers the law in England and Wales. The position in Scotland and Northern Ireland is governed by different legislation.
The legal framework: Children Act 1989 and section 8 orders
The primary legislation governing contact between grandparents and grandchildren is the Children Act 1989. Under this Act, the court can make what are known as section 8 orders to determine arrangements for children.
The most relevant section 8 order for grandparents is a Child Arrangements Order. This sets out who a child lives with, spends time with, or otherwise has contact with. It replaces the older terminology of “contact orders” and “residence orders.”
Other section 8 orders, including Specific Issue Orders and Prohibited Steps Orders, may also be relevant depending on your circumstances.
In every case involving a child’s upbringing, the court’s paramount consideration is the welfare of the child.
Maintaining contact without going to court
Court is rarely the right starting point. Where a relationship with the parents is still possible, direct and child-focused communication is often the most effective first step.
Practical options include:
- Informal contact arrangements agreed directly with the parents
- A written contact schedule setting out visit frequency, duration, and communication types
- Support from a trusted third party, such as a family friend, to help facilitate an agreement
Family mediation and the MIAM requirement
Before applying to court, you’ll be required to attend a Mediation Information and Assessment Meeting (MIAM). A MIAM is an initial meeting with an accredited family mediator where your options are explained and whether mediation is suitable for your situation is assessed.
Mediation itself involves a trained, neutral mediator working with both sides to reach a workable agreement. It’s less formal than court, quicker, and generally less expensive. You can find an accredited mediator through the Family Mediation Council.
There are exemptions to the MIAM requirement, including cases involving domestic abuse, child protection concerns, or urgency. In most grandparent contact cases, however, a MIAM will be expected before any court application can be made.
As Resolution members, we always assess whether mediation is the right route before recommending court proceedings.
Applying for leave (permission) to apply to court
Grandparents don’t have an automatic right to apply to the court for a Child Arrangements Order. Before making a formal application, you must first obtain the court’s permission, known as “leave to apply.”
Leave to apply is governed by section 10(9) of the Children Act 1989. When deciding whether to grant permission, the court will consider:
- The nature of the application being made
- Your connection with the child
- Any risk that the application might disrupt the child’s life in a way that would cause harm
- Where the child is in local authority care: the authority’s plans and the parents’ wishes
The threshold for obtaining leave isn’t a high one where there’s a meaningful prior relationship with the child. Courts generally recognise the value of grandparent relationships and will grant leave in most cases where contact has broken down without good reason.
Applying for a Child Arrangements Order
Once leave is granted, you can make a formal application using the C100 application form, submitted to your nearest family court. The current court fee is £263, although fee remission (a reduction or waiver) may be available depending on your financial circumstances. You can find guidance on the application process on the GOV.UK page on contact with grandchildren.
A Child Arrangements Order can specify:
- That your grandchild spends time with you (contact)
- That your grandchild lives with you (residence), in more exceptional cases
The order will set out the detail of the arrangement: how often, for how long, where, and in what form (face-to-face, telephone, video calls, or indirect contact such as letters and cards).
How the court decides: the welfare checklist
The child’s welfare is the court’s paramount consideration, established in section 1(1) of the Children Act 1989. When making decisions about contact, the court applies the section 1(3) welfare checklist:
- The child’s own wishes and feelings, considered in light of their age and understanding
- Their physical, emotional, and educational needs
- The likely effect of any change in their circumstances
- Their age, sex, background, and any relevant characteristics
- Any harm they have suffered or are at risk of suffering
- Each relevant person’s capability to meet the child’s needs
- The powers available to the court
The court will also apply the “no order” principle under section 1(5): an order will only be made if doing so is better for the child than making no order at all.
The role of Cafcass in grandparent applications
Once a court application is made, the Children and Family Court Advisory and Support Service (Cafcass) becomes involved. A Family Court Adviser (FCA) will carry out initial safeguarding checks and provide a safeguarding letter to the court ahead of the first hearing.
If the case proceeds beyond the first hearing, the court may ask the FCA to prepare a Section 7 report. This is a more detailed welfare assessment that considers the child’s living arrangements, the relationships involved, any risks, and the child’s own wishes and feelings. The FCA may speak with the child, the parents, and other relevant adults, including you.
Grandparents’ rights after the death of a parent
When a parent dies, the surviving parent may, in some cases, seek to restrict a grandparent’s contact with the child. This is a distinct and particularly difficult situation.
The legal framework doesn’t change: grandparents still need leave to apply, and the court will still apply the welfare checklist. However, where a child has lost a parent, courts will often recognise the particular value of maintaining a relationship with that parent’s family, including grandparents, as part of preserving the child’s sense of identity and connection to their history.
Grandparents and social services/care proceedings
Where a child is at risk of harm or has been taken into local authority care, grandparents often play a crucial role. Courts and social services are required to explore whether a child can be placed with family members before considering other arrangements.
As a grandparent, you may be assessed through a viability assessment and, if suitable, a full kinship care assessment. If the assessment is positive, you could be granted a Special Guardianship Order (SGO).
How long does the process take and what does it cost?
Mediation typically takes a matter of weeks from the initial MIAM to reaching, or failing to reach, an agreement.
Court proceedings are harder to predict. From filing the C100 to a final hearing, a contested grandparents’ rights case typically takes between six and 12 months, depending on the issues involved and the court’s capacity.
Costs will depend on the route taken and the complexity of the dispute:
- MIAM and mediation fees vary by provider
- Court fee for the C100 application: £215
- Solicitor fees for advice, preparation, and representation
Legal aid is available in very limited circumstances, primarily where domestic abuse is a factor. Belderbos doesn’t hold a legal aid contract, so if you think you may be eligible, you’ll need to seek advice from a firm that does.
Practical steps to take if you’re being denied contact
If contact with your grandchildren has been restricted or refused, take these steps before anything else:
- Document all attempts to make contact, including dates, methods, and responses
- Keep communication in writing wherever possible
- Focus any contact with parents on the child’s welfare, not on past grievances
- Don’t involve your grandchildren in adult disputes
- Seek early legal advice to understand your options before the situation escalates
Why choose Belderbos for grandparents’ rights?
- Family law only. We practise exclusively in family law. You’ll always speak to a genuine specialist.
- One fee earner throughout. Your matter is handled by the same solicitor from start to finish. No handovers, no repeating yourself.
- Resolution members. We’re committed to constructive approaches to family law, and honest about when they’re appropriate.
- Independently owned. Belderbos is not private equity-backed. We answer to our clients only.
- Two local offices. We have offices in Leicester and Oakham, with remote appointments available.
- Free discovery call. Speak to us before committing to anything. There’s no obligation and no charge.
Frequently asked questions about grandparents’ rights
How do I get permission to apply for a Child Arrangements Order as a grandparent?
You’ll need to apply to the court for leave under section 10(9) of the Children Act 1989. The court will consider the nature of your application, your connection with the child, and any risk of disruption to the child’s life. Where there’s a genuine prior relationship, leave is usually granted.
Do I have to attend mediation before going to court?
Yes, in most cases. You’ll be required to attend a MIAM before making a court application. There are exemptions, including cases involving domestic abuse, child protection concerns, or urgency. Where exemptions don’t apply, the court expects evidence that mediation was considered or attempted.
Can a grandparent get contact if the parent refuses?
Yes, if the court determines it’s in the child’s best interests. Parental refusal alone isn’t determinative. The court applies the section 1(3) welfare checklist and will make an order if contact serves the child’s welfare. Grandparents with a meaningful existing relationship with the child are well-placed to make that argument.
What rights do grandparents have if a parent has died?
The legal framework is the same: grandparents need leave to apply and the court applies the welfare checklist. However, courts will often recognise the value of maintaining a grandparent relationship as part of preserving the child’s connection to the deceased parent’s family. Early legal advice is important in these circumstances.
Is the law the same in Scotland and Northern Ireland?
No. This page covers the law in England and Wales only. Scotland is governed by the Children (Scotland) Act 1995, and Northern Ireland operates under its own legislative framework. If you’re based outside England and Wales, you’ll need advice from a solicitor qualified in the relevant jurisdiction.
Book your free discovery call
Our free discovery call is a straightforward conversation with one of our family law solicitors. There’s no obligation and no charge. It gives you the chance to explain your situation, ask questions, and understand your options before deciding whether to instruct us.
To book, visit our discovery call page, call us on 01572 490 660, or email admin@belderbossolicitors.co.uk.