Grandparents’ Rights to See Their Grandchildren: Understanding Your Legal Options
In many families, grandparents play a vital and supportive role in their grandchildren’s lives. With rising childcare costs and shifting family dynamics, it’s increasingly common for grandparents to be deeply involved in day-to-day care. A YouGov survey commissioned by Age UK revealed that 40% of grandparents over 50 regularly provide childcare. In Asian families, these figures are often higher, where a significant proportion of Asian children live in three-generation households where both parents and at least one grandparent reside together.
However, when families go through divorce, separation, or estrangement, these relationships can be disrupted or even lost. Unlike parents, grandparents in England and Wales do not have an automatic legal right to contact with their grandchildren. This can leave many feeling powerless at a time when maintaining connection is more important than ever. In circumstances where children have lived with their grandparents and are now living with one parent a majority of the time, the connection to their grandparents can provide them with the stability and security that they require, when navigating their “new normal”.
While the law does not provide an inherent right, it does offer routes that grandparents can follow to seek continued involvement in their grandchildren’s lives.
Starting with Informal Steps
The best starting point is often the simplest: try to reach an informal agreement with the child’s parents or guardians. Open communication, where possible, can help avoid unnecessary conflict and maintain family harmony.
Whilst not all families are the same, Asian families will often spend time with the wider paternal and maternal families. Arrangements can be agreed for the children to spend time with their respective families when in the care of that parent e.g. they will see the paternal grandparents and wider family when with their father. However, if there is a desire for previous childcare arrangements related to school collection and drop off to continue, then such arrangements will need to be agreed with the parents.
If direct dialogue proves difficult, mediation may be a helpful alternative. A trained, neutral family mediator can assist everyone involved in finding a workable agreement. The Family Mediation Council offers resources and a directory of qualified mediators across the UK. An independent third party can help to resolve disputes, where there may be personal grievances between grandparents and either parent, which should not otherwise impact the grandparent’s capacity to care for the children.
Applying to the Family Court
If informal efforts don’t succeed, grandparents can apply to the Family Court for a Child Arrangements Order under section 8 of the Children Act 1989.
Before making a court application for a Child Arrangements Order, it’s important for a grandparent to understand whether or not they need the court’s permission to apply. For example, a grandparent does not need permission to apply for an order related to where the child lives or contact arrangements, where the child has lived with the grandparent for 3 years (as can be the case with Asian families). They would also be permitted to apply for an order related to where the child lives, if they have lived with the child for a year immediately preceding the application (but this would not extend to an application regulating the contact arrangements – they would still need permission from the Court to apply for that element). However, a grandparent would need permission to apply if neither of these criteria are met, as they do not have parental responsibility for the child.
The court will first assess whether it’s appropriate to grant permission. It is well established that success at the permission stage does not create a presumption that the substantive application should be granted.
What the Court Can Order
The court has discretion to order various forms of contact, ranging from regular in-person visits to indirect contact such as phone calls or letters. In some circumstances, there is the possibility for certain arrangements to be put in place for a particular event, for example a close family member’s wedding or other religious festival. In some cases, particularly where contact has been minimal, the court may recommend a phased reintroduction to help rebuild the relationship. The final decision is based on evidence and governed by the core principle of the child’s welfare.
In exceptional cases, such as where parents cannot provide safe or stable care, the court may even consider granting residence to the grandparents. However, the process remains child-centred throughout, and it is important for applicants to avoid making negative comments about others involved in the child’s life. Such behaviour is not only detrimental to the children’s wellbeing through exposure to adult issues, but it can undermine the application and damage trust.
Although the process can be emotionally challenging, many grandparents find reassurance in knowing that the law does provide a structured framework to protect meaningful relationships with their grandchildren.
How We Can Help
At Irwin Mitchell, we understand how deeply personal and sensitive these situations are. While grandparents don’t have automatic rights, the legal system offers important tools to help you maintain your bond with your grandchildren.
Our experienced Family Law team regularly advises clients in complex family matters, including those involving cultural and religious considerations. We’re here to guide you through every step of the process, whether through informal negotiation, mediation, or court proceedings, with a focus on achieving the best outcome for the children involved.
If you’re concerned about losing contact with your grandchildren, we encourage you to seek professional advice early. With the right support, it’s possible to preserve these important relationships and move forwards with confidence.
Written by Sangeeta Kohli
Sangeeta Kohli is an Associate Solicitor in the Family Law team at Irwin Mitchell. She is an experienced family lawyer, undertaking work related to divorce, financial arrangements and child arrangements, with a focus upon family law issues within the Asian community. She is based in Birmingham but is able to assist in cases across the country.
Photo credit: Milad Fakurian on Unsplash
