Do Grandparents Have Legal Rights to See Their Grandchildren?

Apr 24

In England and Wales, grandparents do not have an automatic legal right to see their grandchildren. However, under the Children Act 1989, grandparents’ legal rights can be recognised by the court through a Child Arrangements Order, where they can apply for permission to seek contact.

For grandparents hoping to maintain a relationship with their grandchildren, the legal process can feel overwhelming. Whether you're a grandparent, parent, or family member trying to understand the rights involved, knowing your options is the first step toward finding a resolution.

What Should Grandparents Do if They Cannot See Their Grandchildren?

When grandparents find themselves cut off from their grandchildren, often due to family disagreements or communication breakdowns, the first step is usually to try mediation.

This process involves working with an impartial mediator to help all parties reach a mutual agreement without going to court. It can be an effective way to rebuild relationships and avoid the emotional and financial strain of legal proceedings.

If you're considering mediation, RJS Family Law can guide you through the process with expert advice and support. Get in touch to find the right path forward.

Legal Framework for Grandparents Seeking Contact

If mediation attempts don’t lead to a resolution, grandparents who are being denied access to their grandchildren can take legal action by applying for a Child Arrangements Order. This is a formal route that allows the court to step in and make a decision about contact.

What is a Child Arrangements Order?

A Child Arrangements Order is a legal ruling that outlines how and when a child should spend time with a specific person, this can include grandparents.

The order can cover various types of contact, from regular in-person visits to video calls or telephone conversations. While grandparents’ legal rights aren’t automatic, this order offers a way for them to request formalised contact and maintain a relationship with their grandchild.

Court Considerations

When deciding whether to grant contact between grandparents and their grandchildren, the court carefully evaluates several important factors to ensure any decision supports the child’s well-being.

Welfare of the Child: The court’s paramount consideration is the child’s welfare. The court will assess whether contact with the grandparents is in the child’s best interests.
Welfare Checklist: Factors include the child’s wishes and feelings, age, emotional needs, and the potential impact of contact on their well-being.
CAFCASS Reports: The court may request a report from CAFCASS to evaluate the child’s circumstances and the potential impact of contact.

Step-by-Step Guide to the Legal Process

Understanding the legal process is essential for grandparents seeking contact with their grandchildren. Below is a step-by-step breakdown of the application process, including when permission is needed and which forms must be completed.

1. Permission to Apply

Grandparents must first obtain permission (leave) from the court to apply for a Child Arrangements Order. This is a preliminary step before the court considers the merits of the application itself.

2. Application Process

Once permission is granted, grandparents can formally apply for a Child Arrangements Order. They will need to fill in the forms below.

Form C2: Grandparents use this form to apply for permission to make a Child Arrangements Order application.
Form C100: If permission is granted, this form is used to apply for the order itself.

3. First Hearing

Once the application has been submitted, the court will set a date for the initial hearing. At this stage, a court advisor (often from CAFCASS) may speak with both parties to explore whether a mutual agreement can be reached without further proceedings.

4. Fact-finding Hearing

If there are any serious allegations, such as claims of harm, neglect, or abuse, the court may schedule a fact-finding hearing. This allows the judge to examine the evidence and determine whether the claims are founded.

5. Further Hearings

If no resolution is reached, additional hearings may be scheduled. During these, the court will review professional assessments (such as reports from social workers) and listen to evidence from both sides. If needed, the case will move forward to a Final Hearing, where both parties may be required to give formal evidence.

6. Final Decision

The judge will make a decision based on what’s in the child’s best interests. If the court believes that ongoing contact with the grandparents would support the child’s welfare, a Child Arrangements Order will be issued, outlining how and when that contact should take place.

Exceptions to Seeking Permission

There are certain situations where permission is not required, such as:

The child has lived with the grandparents for at least one year.
The grandparents have the consent of all those with parental responsibility.
The grandparents have a Residence Order or a Special Guardianship Order for the child.

At RJS Family Law, we understand the emotional and legal complexities of securing contact with your grandchildren. Contact us today to discuss your options and let our expert team guide you through the legal process to protect your family’s bond.

What Types of Court Orders Can Grandparents Apply For?

In England and Wales, grandparents seeking legal rights to stay involved in their grandchildren’s lives have a few different legal avenues available, depending on the specific family situation. Whether you're trying to establish contact or resolve a disagreement over a child’s care, the type of order you apply for will depend on your goals and the nature of the issue.

Child Arrangements Order: This is one of the most common options for grandparents. It outlines where a child should live and when they should spend time with different people, including grandparents.
Specific Issue Order: If there's a disagreement over a particular aspect of a child’s upbringing, such as schooling, religious practice, or medical treatment, this order allows the court to make a decision on that specific matter.
Prohibited Steps Order: This order is used to prevent a particular action from taking place, such as a child being taken abroad or moved to a new location, without the court’s approval.
Special Guardianship Order: This is a legal arrangement that gives a person, often a grandparent or other close relative, enhanced parental responsibility for a child, without removing the legal rights of the child’s birth parents.

What are the Alternatives to Going to Court?

While it's possible to pursue a court order, it's worth considering alternative ways to resolve family disputes before heading down the legal route. Going to court can be time-consuming, expensive, and emotionally challenging. In many cases, solutions that put the child’s welfare first can be reached through other methods.

Mediation: A popular first step, mediation involves working with a neutral mediator who helps both parties find common ground. It’s often a quicker and less confrontational way to move forward.
Family Therapy: This approach allows families to address underlying issues in a structured, therapeutic environment. It can be particularly helpful when emotional wounds or long-standing conflicts are preventing resolution.
Arbitration: Similar in structure to court proceedings, arbitration offers more flexibility. An appointed arbitrator listens to both sides and makes a legally binding decision, but unlike court, it’s typically a more private and less formal process.

These options can help you preserve family relationships and avoid the stress of litigation, all while working towards a solution that supports your grandchild’s well-being.

How RJS Family Law Can Help

At RJS Family Law, we understand the importance of maintaining family bonds and are here to support grandparents through the legal process. Our services include:

Legal Advice: Guidance on the likelihood of obtaining permission and the potential outcomes.
Application Assistance: Help with completing and submitting the necessary forms.
Court Representation: Expert representation to advocate for your rights and the best interests of your grandchild

Final CTA: For more information or to discuss your specific situation, contact RJS Family Law today. Let us help you navigate the complexities of family law to maintain your relationship with your grandchildren.

FAQs

Is mediation mandatory before applying to court?
Yes, before applying to the court, grandparents must attend a Mediation Information and Assessment Meeting (MIAM). This is designed to help resolve issues without going to court, although there are exceptions for urgent or complex situations.
Can grandparents apply for a Special Guardianship Order?
Yes, grandparents can apply for a Special Guardianship Order, which gives them parental responsibility. This allows them to make decisions about the child's upbringing while keeping the child's connection to their birth parents intact.
How does the court assess a grandparent's application for contact?
The court carefully considers factors like the child’s welfare, the existing relationship with the grandparent, and the impact of contact. The child's well-being is the top priority when making decisions about contact arrangements.
Are there differences in grandparents' rights across the UK?
Yes, the legal process varies. In England and Wales, grandparents must get permission from the court to apply for contact. However, in Scotland, grandparents can apply directly without needing prior permission.

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