What rights do grandparents have to see their grandchildren?

Understanding the rights of grandparents in the UK

Being a grandparent can be one of life’s most cherished roles, filled with love and deep emotional bonds. Yet, when family relationships become strained, grandparents may find themselves unexpectedly distanced from their grandchildren.

In the UK, grandparents do not have automatic legal rights to see or care for their grandchildren as these rights typically rest with the child’s parents. However, the law does recognise the important role grandparents often play in a child’s life. Therefore, if contact is denied, there are legal pathways available that can help grandparents re-establish or maintain a meaningful relationship with their grandchildren.

What rights do I have as a grandparent?

As stated above, grandparents in the UK do not have an automatically right to contact or visitation with their grandchildren. However, there are some circumstances in which grandparents may be able to seek the court’s permission to apply for a Child Arrangements Order, granting them visitation access.

It is important to note that your previous relationship with your grandchildren will be taken into account by any court dealing with your case. The state of your relationship will matter when evaluating the potential risks or benefits of court ordered contact.

Can grandparents have parental responsibility?

Parental responsibility, defined under Section 3 of the Children Act 1989, refers to the duties and rights a parent has regarding their child. There are certain decisions concerning a child's care and welfare that only a person with legal parental responsibility for that child can make. These include decisions regarding:

• education (e.g. school choice)
• medical treatment
• religion
• naming or changing the child’s name
• travel abroad
• managing the child’s property

Mothers are automatically granted parental responsibility, while it is only applied in the same manner to married biological fathers, or fathers named on the birth certificate after December 2003.

Unfortunately, grandparents do not have automatic parental responsibility, it is possible to gain it through a Child Arrangement Order or a Special Guardianship Order. A grandparent would need parental responsibility in situations where the child's parents are unable to provide appropriate care due to:

• parental death
• parental neglect
• parental separation

Grandparents can also apply for parental responsibility if they are already caring for the child or seeking to provide a stable home.

What should I do if I'm being prevented from seeing my grandchild?

If you are being denied access to your grandchild, the first step is to try and resolve it informally by having discussions with your grandchild’s parents. You could also try family mediation to try and reach an amicable arrangement outside of court.

If these courses of action do not work, you can apply for a court order to establish contact. However, you will likely be required to attend further independent mediation before you can make an application to the court (unless there are exemptions).

A Mediation Information and Assessment Meeting (MIAM) is an initial meeting with a mediator that is mandated before most family court applications can be made in England and Wales. The meeting allows a mediator to explain the mediation process and assess if it is suitable for your situation. It is also an opportunity to gather information about your case and why you want a court order.

Exemptions from MAIM meetings include:

• domestic violence
• cases of urgency (threats to life or safety)
• disability or incapacity
• previous MIAM attendance
• no contact details for your grandchild's parents
• grandchild's parents are in prison
• there is no respondent
• the matter is already being dealt with by the court

Can I apply for a court order to see my grandchild?

After mediation, if an agreement could not be reached, you can use a C100 form to apply for permission to apply for a Child Arrangement Order. If permission is granted, the court will consider the application based on the child’s best interests.

Importantly, UK family courts always prioritise the child’s welfare. If a grandparent has had a close and positive relationship with a grandchild, the courts may support contact if it’s in the child’s best interests. While the process can be complex, compassionate legal support is available to guide grandparents through each step.

This stage of the process can be very delicate, and it is important to present yourself and your case in the best possible way. Our dedicated family law team have extensive experience in Child Arrangement Orders and can support you in submitting your Form C100.

Are there any alternatives to court action to protect my rights as a grandparent?

In the first instance it is always best to try and resolve these matters informally, by talking to your grandchild's parents and finding an amicable way forward. You could discuss regular visitation at home or outings, or regular calls and video calls. This route often saves time and money if it can be worked out this way.

If a solution cannot be reached, you could also try mediation. A structured, non-confrontational discussion led by an independent mediator can help everyone feel heard and supported enough to voice their concerns which can then be worked through to arrive at a solution.

If neither of these ways work, you may need a court order.

Speak to our expert family solicitors for more support with grandparent rights

Family dynamics can often shift and change overtime, sometimes arriving in a place you never thought you would be. Our leading experts in family law understand how delicate cases involving children are and offer compassionate legal advice when you need it most.

Call us today on 0330 041 5869 or contact us online to arrange a callback.

Grandparent rights: Frequently asked questions

Are grandparents allowed to adopt their grandchildren?

Yes, in circumstances where the child’s biological parents are no longer able to care for the child, eligible grandparents can apply to the court to formally adopt their grandchildren. To be eligible to adopt a child, you must:

• be over 21 years old
• have lived in the UK, Channel Islands, or Isle of Man for at least 12 months
• pass background checks, especially regarding offences against children or serious sexual offences

It is important to note that adoption severs the legal relationship between the child and their birth parents. You become the child’s legal parent, not just grandparent and the birth parents lose all parental rights.

What happens to grandparents' rights after the death of a parent?

Grandparents do not have automatic rights to their grandchildren should the child’s parent die. If one parent dies, parental responsibility will remain with the surviving parent, who can choose who the child has contact with. If a grandparent is named the child guardian in the will, this does not give the grandparents automatic guardianship. However, the will can be used as evidence in court to make a case for guardianship.

What is a special guardianship?

Special guardian is parental responsibility until the child turns 18 and is less permanent than adoption as it does not sever legal ties with the birth parents. The guardian can make most decisions about the child’s upbringing without needing the birth parents’ consent, though consultation is encouraged for major decisions.