Family disputes can be challenging, and grandparents often find themselves unexpectedly cut off from their grandchildren, which can be distressing for all of those involved. This is especially true for the child in question, who may have previously enjoyed meaningful and regular contact with their grandparents.

In the alternative, it is also possible that upon the birth of a grandchild, the grandparents are keen to have a positive relationship, but this is restricted or refused by one or both of the parents.

This raises a common question: Do grandparents have an automatic right to see their grandchildren? The short answer is no, but there are a number of options available to grandparents in this situation, which this blog will explore.

Do grandparents have automatic rights?

Under English law, grandparents (and other relatives) do not have an automatic legal right to contact with their grandchildren. The main body of legislation that deals with children dispute (the Children Act 1989) makes the child’s welfare the court’s paramount consideration.

Therefore, any decision regarding contact will focus on what is in the best interests of the child, not necessarily the wishes of parents or grandparents.

How can grandparents apply for contact?

Grandparents can apply to the Family Court for a Child Arrangements Order under Section 8 of the Children Act 1989. These orders can determine where a child lives and who they spend time with. However, because grandparents do not have automatic rights, they must usually first seek permission (or ‘leave’) from the court before making an application.

When is permission not required?

Grandparents may not need permission if:

  • The child has lived with them for at least three years.
  • They already hold a Child Arrangements Order.
  • They have the consent of everyone with parental responsibility (usually the parents).

Factors the court considers when granting permission

If the above do not apply, it is likely that permission will be required. The court would first need to consider if permission should be granted, before looking at the substantive question of child arrangements and welfare.

When deciding whether to grant permission, the court looks at many factors, including;

  • The relationship with the child – Was it close and meaningful?
  • The reasons for applying – Is it genuinely for the child’s benefit?
  • Impact on the child’s life – Would the application cause disruption or harm?
  • The child’s welfare – This is always the overriding factor.

If the court grants permission for the grandparent’s application, the next step is to decide whether contact is truly in the child’s best interests there is no guarantee that the court will make a Child Arrangements Order. Each case is assessed individually using the welfare checklist under Section 1(3) of the Children Act 1989.

This process may often involve input from CAFCASS, the Children and Family Court Advisory and Support Service. CAFCASS may carry out safeguarding checks, speak directly with the child, and prepare a detailed report with recommendations for the court. In some cases, the judge may also seek additional expert assessments to ensure that every aspect of the child’s welfare is considered.

The court’s decision on contact can take several forms. It might allow direct contact, such as regular visits or even overnight stays. Alternatively, the court could order indirect contact, which might include letters, phone calls, or video chats to maintain the relationship. In rare circumstances, if it is deemed to be in the child’s best interests, the court could even decide that the child should live with their grandparents.

Of course, if permission is not granted, then the court would not consider the issue of contact. It would remain open to the grandparents to potentially appeal that decision (if there were grounds to do so) or apply again in the future once circumstances may have changed.

Alternatives to court

Before applying, it is important to remember that you are usually required to attend a Mediation Information and Assessment Meeting (MIAM). Mediation is encouraged as a less stressful and cost-effective way to resolve disputes.

Conclusion

Navigating contact for grandparents is far from straightforward. The law prioritises the child’s welfare above all else, and every case turns on its own facts. From obtaining permission to apply, to understanding the court’s welfare checklist and the role of CAFCASS, this is a complex area where expert guidance is essential.

If you are considering applying for contact or a Child Arrangements Order, professional legal advice can make all the difference. Our experienced family law team can help you understand your options, prepare your application, and support you through the process.

How FJG can help

At FJG, we pride ourselves on delivering bespoke legal advice tailored to your unique circumstances.

Joel Vika-Tyson is a Solicitor-Advocate in our Family Law team specialising in divorce & separation, private children law and domestic abuse.

If you have any queries on the above subject, please do not hesitate to get in touch with Joel on 01206 217588 or complete our online enquiry form.