Grandparents rights

Grandparents do not have an automatic legal right to see their grandchildren. However, they can apply for a court order under the Children Act 1989 if they are being denied contact.

The court considers the best interests of the child when making a decision. Factors such as the nature of the relationship between grandparent and grandchild, the child’s welfare, and the parents’ views are taken into account.

While the court encourages maintaining family connections, the ultimate decision is based on what is considered to be in the child’s best interests.

Grandparents do not have the automatic legal right to apply to the court to see their grandchildren. A grandparent needs to apply to the court first asking for the court's permission to make an application. The court will consider:

• the grandparents’ connection with the child.
• the application to see the grandchild, and the reasons behind it.
• whether the application might be potentially harmful to the child’s wellbeing in any way.

The court’s primary consideration is the welfare of the child, and a judge will always make an order in the child’s best interests.

A court application for a child arrangements order should always be considered a last resort. For example, if you are finding it difficult to discuss things directly with the parents, we can help you set out your proposals and invite the parents to agree them.  

Mediation is another alternative, and an experienced mediator can often help everyone reach an agreement that works for their family.