As a Grandparent, Do I Have Rights?
April 2025
When relationships break down within a family, grandparents can sometimes find themselves cut off from their grandchildren, despite having previously played a vital role in their upbringing. This situation can be distressing and emotionally challenging. Many grandparents are left wondering whether they have any legal rights to maintain a relationship with their grandchildren under UK law.
This summary provides general information and does not constitute legal advice on any individual circumstances.
Do Grandparents Have Legal Rights?
Grandparents do not have automatic legal rights to see their grandchildren. This means that, unlike parents, they do not have a legal entitlement to spend time with or have contact with their grandchildren. However, the courts recognise the important role that grandparents often play in children’s lives, especially in situations where they have been closely involved in their upbringing. For many children, having contact with their grandparents can offer emotional stability, a sense of family continuity, and support, particularly in challenging times like parental separation.
Although grandparents do not have automatic rights, the law allows them a pathway to seek contact with their grandchildren, particularly if they are being prevented from doing so. The law is designed to support children’s best interests, and in cases where maintaining a relationship with grandparents is seen as beneficial to the child, the courts will support such a relationship.
If you are unable to agree contact arrangements informally with the child’s parents, you may be able to apply to the Family Court for permission to request a Child Arrangements Order.
What is a Child Arrangements Order?
A Child Arrangements Order sets out where a child should live and who they should have contact with. As a grandparent, once you have the court’s permission, you can apply for such an order to have contact with your grandchildren. The court will consider a range of factors, including the nature of your relationship with the child, the potential impact of contact, and the child’s welfare, which is always the court’s paramount consideration.
The process usually involves a mediation meeting (specifically a Mediation Information and Assessment Meeting) before making an application, unless certain exemptions apply, such as concerns around safety or domestic abuse.
What Should Grandparents Consider Before Going to Court?
Before applying to the Family Court for permission to seek contact with grandchildren, grandparents should carefully consider several important factors. While the court provides a legal avenue to request contact, it is important to be aware that this process can be time-consuming, costly, and emotionally challenging.
One of the key aspects to think about is whether you have tried all possible alternatives to resolving the issue informally with the parents. The court tends to favour attempts at resolving matters outside of court, particularly if there has been communication between the parties involved. This is because courts prefer to see family issues resolved amicably, which is generally in the best interests of the child, avoiding the added stress of a courtroom battle.
If informal attempts to negotiate contact arrangements with the parents have been unsuccessful, grandparents are strongly advised to seek legal advice before proceeding.
Why Legal Advice is Essential
A solicitor can advise you on your options, the likelihood of success, and the steps involved in making an application when seeking to reinstate contact with your grandchildren. Legal advice is especially important if your situation is complex or if the relationship with the parents is strained.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee' promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
