Do grandparents have rights to see their grandchildren?

Family law solicitor, Valerie Egboh, takes a look at what rights grandparents have to see their grandchildren.

In today’s evolving family structures, it’s increasingly common for grandparents to play a central role in their grandchildren’s lives. Whether they offer childcare support or provide stability during family disputes, grandparents often form a close bond with their grandchildren. But what happens when family dynamics shift, and grandparents find themselves unable to see their grandchildren? Do they have any legal rights in such circumstances?

Do grandparents have an automatic right to see their grandchildren?

In England and Wales, grandparents do not have an automatic legal right to see their grandchildren. This often comes as a surprise to many. While parents have parental responsibility for their children, the same is not true for grandparents, meaning that if a parent refuses contact, grandparents cannot rely on automatic legal rights to continue seeing their grandchildren. However, there are legal steps grandparents can take to re-establish contact.

First steps

Trying to resolve matters with the parent with care via solicitors or mediation could help. Before applying to the court, the court will require the parties to explore resolution outside of court, such as Mediation.

Mediation can provide a more amicable, less confrontational environment in which both parties can work out a solution. It often helps to avoid the stress and cost of court proceedings.

Seeking Contact Through the Courts

If attempts to reach an amicable agreement with the parents fail, grandparents can apply to the Family Court for permission to seek a Child Arrangements Order. This order, if granted, can formalise contact arrangements between grandparents and their grandchildren.

Before doing so, grandparents must apply for permission, known as ‘leave of the court’, to bring the application. In most cases, this permission is granted unless there are significant concerns about the grandparents’ involvement, or where it would disrupt the child's well-being.

Grandparents seeking to apply for permission to make an application regarding their grandchild(ren) must also provide notice to anyone who has parental responsibility. This requirement ensures that the parents are aware of the grandparents' intentions and allows them the opportunity to respond before any formal application is made to the court.

What Will the Court Consider?

When considering an application for a Child Arrangements Order, the court will always prioritise the best interests of the child. The key factors the court will take into account include:

1. The relationship between the grandparent and the child.
   How close is the bond? Has the grandparent been a consistent presence in the child’s life? 
2. The potential impact on the child.
   How might ongoing contact with the grandparent affect the child’s emotional well-being, stability, and routine?
3. The parents’ views.
   While the court will listen to the parents' reasons for refusing contact, these must be weighed against what is best for the child.
4. Any safeguarding concerns.
   If there are allegations of abuse or neglect, the court will carefully investigate these before deciding whether contact would be in the child’s best interest.

Family law legal advice

Navigating family disputes can be daunting and emotionally draining. At Holmes & Hills, our specialist family law solicitors have extensive experience in helping grandparents re-establish contact with their grandchildren. We understand how vital these relationships are and will work with you every step of the way to find the best solution for your family.

Whether it’s through mediation or pursuing a Child Arrangements Order, we’re here to support you and offer practical, professional advice. Our solicitors are committed to protecting your relationship with your grandchildren while prioritising the child’s welfare in line with the legal framework.

We recognise that family life today is diverse and complex. Grandparents often play an essential role, whether helping working parents, offering emotional support during tough times, or simply spending quality time with their grandchildren. Losing that connection can be devastating, and at Holmes & Hills, we understand how important it is to maintain those bonds wherever possible.

If you are facing difficulties with seeing your grandchildren and would like to discuss your options, we are here to help. Our team of experienced family law solicitors can provide clear, practical advice tailored to your situation.