Grandparents often provide stability, reassurance and continuity in a child’s life. In many families, contact happens naturally and without difficulty. Problems tend to arise when relationships between adults break down, following separation, bereavement or wider family disputes. At that point, grandparents are often surprised to discover that the law does not give them automatic rights to stay in touch with their grandchildren.

This article explains the legal position in England and Wales and outlines the options available where contact becomes difficult.

Do grandparents have an automatic right to contact?

In short, grandparents do not have an automatic legal right to see their grandchildren. Decisions about a child’s upbringing, including who they spend time with, are usually made by those who hold parental responsibility. In most cases, this will be the child’s parents.

Although grandparents are recognised as relatives under the Children Act 1989, they do not share parental responsibility simply by virtue of being a grandparent. This means they do not have the same decision‑making powers as parents when it comes to contact.

That said, the absence of automatic rights does not mean grandparents have no options.

Resolving matters without going to court

Where possible, it is usually best to try to resolve matters informally. Court proceedings can be stressful, time‑consuming and costly, and there is never a guaranteed outcome. In some cases, a calm conversation, a carefully worded letter or the involvement of a trusted third party can help to reopen communication.

If direct discussions are not appropriate, family mediation may assist. Mediation allows families to explore solutions with the help of an independent mediator, without the formality of court. For most applications relating to children, attendance at a Mediation Information and Assessment Meeting (MIAM) is required before applying to court, unless an exemption applies.

Applying to the family court

If mediation is unsuitable or unsuccessful, a grandparent may consider applying to the family court for a Child Arrangements Order. This type of order can set out how and when a child spends time with a grandparent, whether through face‑to‑face contact, telephone or video calls, or indirect contact such as letters or cards.

Unlike parents, grandparents usually need the court’s permission before making this application. This step is known as seeking “leave” of the court. When deciding whether to grant permission, the court will look at factors such as the existing relationship between the grandparent and the child, the nature of the proposed application, and whether the application could disrupt the child’s life.

Each case is considered on its own facts. Where a meaningful relationship already exists, courts are often prepared to allow the application to proceed.

When permission may not be required

There are limited situations where a grandparent can apply to court without first seeking permission. The most common is where the grandchild has lived with the grandparent for a total of at least three years, provided certain timing conditions are met.

Permission is also not required where everyone with parental responsibility agrees to the application, or where the child is in the care of a local authority and the authority consents.

A further exception applies where a child has lived with a grandparent for at least one year immediately before the application. However, this route is limited to applications about where a child should live and does not apply to contact‑only arrangements. This distinction is often misunderstood and can cause unnecessary confusion.

How the court makes its decision

Once permission issues are resolved, the court’s primary focus is the child’s welfare. The law requires the court to treat the child’s best interests as the overriding consideration.

The court will consider a range of factors, including the child’s wishes and feelings (depending on their age and understanding), their emotional and educational needs, the effect of any change in circumstances, and any risk of harm. The court may order direct contact, indirect contact, or a combination of both.

When grandparents take on a caring role

In some families, grandparents step in to care for grandchildren on a more permanent basis, for example where parents are unable to do so due to illness, bereavement or other difficulties. In these situations, a Special Guardianship Order may be appropriate.

A Special Guardianship Order gives a grandparent parental responsibility until the child reaches 18, allowing them to make most decisions about the child’s upbringing while the parents retain parental responsibility in the background. Local authorities have duties to assess and support special guardians, which may include financial assistance.

Where a child is already involved with social services, grandparents may also be assessed as kinship carers, with contact arrangements dealt with separately under the relevant legislation.

Practical considerations

When contact arrangements are fragile, it is important to keep the focus on the child rather than adult disagreements. Maintaining a calm and child‑centred approach can make a significant difference. Keeping a clear record of contact and communications may also be helpful if matters later need to be formalised.

Seeking advice at an early stage can help grandparents understand their position and avoid unnecessary escalation.

Final thoughts

Being separated from a grandchild can be deeply distressing. While the law does not give grandparents automatic rights, it does recognise the importance of grandparent‑grandchild relationships and provides routes for those relationships to be considered where difficulties arise.

For more information about grandparents’ contact or wider family law issues, please contact the Family Law team at Eaton Smith Solicitors. We can provide guidance tailored to your individual circumstances.