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Grandparents do not have automatic legal rights to see their grandchildren in England and Wales. But there are routes available — through mediation and, if necessary, the family court. This guide explains both.
Key points
- Grandparents do not have automatic parental responsibility or the right to apply for a child arrangements order.
- They must first obtain the court's permission — 'leave' — before making an application for a child arrangements order.
- Courts consider the existing relationship with the child as a key factor when deciding whether to grant leave.
- If leave is granted, grandparents apply for a child arrangements order in the same way as a parent.
- Mediation is often a more effective first step than court proceedings in grandparent contact cases.
- The child's welfare remains the paramount consideration throughout.
Do Grandparents Have Legal Rights to See Grandchildren?
No. In England and Wales, grandparents do not have automatic legal rights to see their grandchildren, nor do they have automatic parental responsibility. This is often a surprise to grandparents who have been closely involved in a grandchild's life and then find themselves excluded following a family breakdown.
The Children Act 1989 does not create any presumption of contact between grandchildren and grandparents — though courts do recognise that relationships with grandparents can be an important part of a child's life and identity.
If a grandparent wants to apply to court for a child arrangements order, they must first apply to the court for permission (known as 'leave') before making the substantive application.
See also
What Is Parental Responsibility? — grandparents do not have automatic PR and would need to apply for it separately if they wanted decision-making authority.
Applying for Leave to Apply for a Child Arrangements Order
Applying for leave means asking the court for permission to make an application for a child arrangements order. Leave is not automatically granted — the court considers whether the application has sufficient merit to warrant proceedings.
When deciding whether to grant leave, courts consider: the nature of the proposed application; the connection between the applicant and the child — particularly the existing relationship; any risk of harmful disruption to the child by allowing the application; and whether the application is genuinely in the child's interests.
The strength of the existing grandparent-grandchild relationship is often the most significant factor. A grandparent who has been closely involved in the child's daily care is in a much stronger position to obtain leave than one who has had limited contact.
Practical tip
Before applying for leave, gather evidence of your relationship with the grandchild — photographs, diaries of visits, communications with parents, and statements from others who have observed the relationship.
If Leave Is Granted: Applying for a Child Arrangements Order
If the court grants leave, the grandparent can then apply for a child arrangements order — specifying contact between the grandchild and themselves. The application is made in the same way as any other child arrangements application: using the C100 form, with a MIAM certificate or valid exemption.
Courts approach grandparent contact applications using the same welfare checklist as all child arrangements cases. They will consider whether contact with the grandparent is in the child's best interests, the existing and potential quality of the relationship, and the wishes and feelings of the child.
In most cases, courts are willing to make orders for reasonable contact between grandchildren and grandparents where there is an established relationship and no welfare concerns — but it is not guaranteed, and the process can be lengthy and costly.
Mediation first
Many grandparent contact disputes can be resolved through family mediation without ever reaching court. Mediation allows all parties — parents and grandparents — to discuss arrangements in a facilitated, neutral setting. Read more: Grandparents and Family Mediation
When Mediation Is the Better Route
Court proceedings for grandparent contact can be adversarial, expensive, and — crucially — damaging to the very family relationships that make contact with grandchildren valuable. Many families who go through contested grandparent contact proceedings report that the process made the underlying family relationships worse, not better.
Family mediation offers an alternative. A trained mediator can bring grandparents and parents together (or work with them separately in shuttle mediation) to explore the underlying concerns and negotiate arrangements that work for the whole family — including the children at the centre of the situation.
In many grandparent contact disputes, the core issue is a breakdown in the adult relationship — between grandparents and a parent's new partner, or as part of the aftermath of a relationship breakdown. Mediation can address these dynamics in a way that court proceedings cannot.
Read more: Grandparents and Family Mediation
Related Questions
Do grandparents have legal rights to see their grandchildren in the UK?
Grandparents do not have automatic legal rights to see their grandchildren in England and Wales. They must first apply to the court for permission — called leave — before making an application for a child arrangements order. Courts do not automatically grant leave and will consider whether the application is in the child's best interests.
Can grandparents apply for a child arrangements order in the UK?
Yes, but grandparents must first obtain the court's permission before making the application. This is called applying for leave. Once leave is granted, grandparents apply for a child arrangements order in the same way as a parent. Courts consider the nature of the existing relationship with the grandchild as a key factor.
Next Steps: Try Mediation Before Going to Court
For most grandparent contact disputes, mediation is the recommended first step — before any court application is considered. It is quicker, cheaper, and less likely to damage the family relationships that make contact valuable.
If mediation has already been tried and failed, or if the other party refuses to engage, then a leave application to the court is the next option. Speaking to a family solicitor is advisable at this stage — the leave process has specific requirements and the application must be well-prepared.
The resources section of TFMP has further guidance specifically for grandparents considering mediation: Grandparents and Family Mediation
You may also want to learn about:
Ready to Arrange Your MIAM?
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Most grandparent contact disputes are resolved without a court order.
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What to do next
Grandparents and Family Mediation
How mediation can restore grandparent contact without court proceedings.
Read moreParental Responsibility
Understanding PR is essential before a grandparent makes any court application.
Read moreChild Arrangements Orders
How the court process works if leave is granted and an application is made.
Read more