Grandparents do not have an automatic legal right to see their grandchildren in England and Wales. Being a grandparent does not, by itself, give you parental responsibility or an enforceable right to spend time with a child.

However, this does not mean that grandparents have no legal options when an important relationship with a grandchild is interrupted. Contact can sometimes be restored through an agreement with the child’s parents or mediation. Where this is not possible, a grandparent may be able to ask the Family Court for a child arrangements order.

In this article, Tyler Hoffman’s Children Act proceedings solicitors explain when grandparents can apply to court and why permission may be needed. We also look at what the Family Court will consider when deciding whether contact should take place. Finally, we explain how we can help you work towards an arrangement that protects your relationship with your grandchild.

What does the law say about grandparents’ rights?

Grandparents do not automatically have parental responsibility, which is the legal responsibility for making certain decisions about a child’s upbringing.

This means a grandparent cannot require a parent to provide contact simply because they are part of the child’s wider family. If arrangements cannot be agreed, however, the Family Court has powers under the Children Act 1989 to make orders about who a child spends time with or otherwise has contact with.

The court approaches these cases from the child’s perspective. Rather than deciding whether a grandparent has a stronger “right” to contact than a parent has to refuse it, the court considers what arrangement, if any, is in the child’s best interests.

What can grandparents do if a parent stops them seeing their grandchildren?

If informal attempts to restore contact have failed, speaking to a family law solicitor will allow you to explore a non-court resolution before the dispute goes any further. We can assess the history of your relationship with your grandchild, advise whether a court application may ultimately be realistic and put forward a practical proposal for restoring contact.

A proposal might include:

• Regular visits or days out
• Overnight stays
• Contact during school holidays
• Phone calls or video calls
• Letters, cards or other indirect contact

In many cases, the next formal step will be family mediation. Before making most applications concerning child arrangements, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM). This is an initial meeting at which a mediator explains the available options and considers whether mediation or another form of non-court dispute resolution may be suitable. There are exemptions, including in some cases involving domestic abuse, safeguarding concerns or urgency.

Can grandparents apply for a child arrangements order?

A child arrangements order can regulate who a child lives with and when they spend time or otherwise have contact with another person. This can include provisions on face-to-face contact, overnight stays, holiday arrangements, phone calls or video calls.

A child’s parents, guardians, step-parents and anyone already named in a child arrangements order as a person the child is to live with can usually apply without first obtaining the Family Court’s permission. Many grandparents do not fall within these categories, so their solicitor must first ask the court for permission, known as leave, before applying for a child arrangements order. If mediation is unsuitable or does not resolve the dispute, we will advise you on applying to the Family Court for a child arrangements order.

There are circumstances in which a grandparent can apply without permission. For example, this may be possible if the child has lived with them for at least three years during the previous five years, with that period ending no more than three months before the application. Permission may also not be required where the relevant people with parental responsibility, or the local authority if the child is in care, consent to the application.

Obtaining permission is a first step in the process that allows the grandparent's application to proceed. The Family Court will consider what arrangements, if any, should be made, and whether contact should take place.

How does a grandparent get permission to apply to the Family Court?

Where permission is required, the grandparent's solicitor must first persuade the court that their application should be allowed to proceed.

Under section 10 of the Children Act 1989, the court will have particular regard to matters including:

• The nature of the proposed application
• The grandparent's connection with the child
• Any risk that allowing the application could disrupt the child's life to such an extent that the child would be harmed
• Additional considerations where the child is being looked after by a local authority

A strong connection with a grandchild is therefore relevant. For example, a grandparent who has regularly cared for the child or played a substantial role in their life may be in a very different position from someone who has had little or no previous relationship with them.

The court will still consider the particular circumstances rather than assuming that a close family relationship automatically justifies proceedings.

At Tyler Hoffman, we will prepare the application and present the strongest possible evidence explaining your relationship with the child, the previous contact arrangements and why you are seeking the court's involvement.

What does the court consider when deciding whether grandparents should have contact?

If permission is granted and the substantive application proceeds, the child's welfare is the court's main consideration.

The Family Court must determine what arrangement is best for the child, and this does not mean simply choosing between the parent or the grandparent.

Section 1 of the Children Act 1989 contains a welfare checklist. Depending on the specific family circumstances, the court can consider factors including:

• The child's wishes and feelings, taking account of their age and understanding
• Their physical, emotional and educational needs
• The likely effect of any change in their circumstances
• Their age, background and other relevant characteristics
• Any harm they have suffered or may be at risk of suffering
• How capable the relevant adults are of meeting the child's needs

The act also requires the court to consider whether making an order is better for the child than making no order at all.

For grandparents, this means the history of the relationship matters. The court will look at how regularly you previously saw the child, the role you have played in their life and the effect that re-establishing contact might have.

Where domestic abuse, domestic violence or other safeguarding allegations are raised, those issues will need to be considered before the court decides whether contact is appropriate and, if so, how it should take place.

Can grandparents get parental responsibility?

Grandparents do not acquire parental responsibility automatically even if they regularly look after or spend time with their grandchildren, but can do so through a child arrangements order. For example, a child arrangements order providing that a child is to live with a person who is not already a parent can result in that person obtaining parental responsibility while the order is in force.

This is different from an application made only to secure regular contact. If you are already caring for your grandchild or considering becoming a kinship carer, the appropriate legal route will depend on the child's circumstances and the arrangements already in place.
Where a local authority is involved because the child's parents cannot currently care for them, Tyler Hoffman will advise extended family members about being assessed as potential carers.