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By Jess 26th February 2026 in Child Arrangements

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Updated 26th February 2026 | Fact checked by Jess Knauf, Co‑founder, Family Law Service

Grandparents’ Rights in England & Wales: What the Law Actually Says

Grandparents’ rights is one of the most common searches we see from people who are worried about losing contact with their grandchildren after a family breakdown. If your son or daughter has separated from their partner, or if a relationship within the family has become strained, you might be wondering whether the law gives you any right to see your grandchildren.

The short answer is that grandparents in England & Wales do not have an automatic legal right to spend time with their grandchildren. That can feel unfair and upsetting, especially if you have always been a big part of their lives. But the good news is that the law does give you a clear route to apply for contact through the family court, and judges take these applications seriously.

This guide explains how the process works, what your options are, and how to put together the strongest possible application if you do need to go to court.

Do Grandparents Have Legal Rights to See Their Grandchildren?

In England & Wales, parents automatically have what is called “parental responsibility.” This gives them the legal authority to make decisions about their child’s upbringing, including who the child spends time with. Grandparents do not have parental responsibility, and there is no standalone law that grants grandparents’ rights to contact with grandchildren.

However, that does not mean the door is closed. Under the Children Act 1989, grandparents can apply to the family court for a Child Arrangements Order. This is the same type of order that separated parents use to set out who a child lives with and spends time with.

The key difference is that, unlike parents, grandparents need to get the court’s permission first. This extra step is called applying for “leave” (permission) to make the application.

Why do grandparents need permission to apply?

The leave requirement exists to filter out applications that would not be in the child’s interests. It is not designed to stop loving grandparents from having contact. In practice, leave is granted in the large majority of cases where there is an existing relationship between the grandparent and the child.

When deciding whether to grant leave, the court considers several factors, including:

When Might a Grandparent Need to Apply to Court?

There are several common situations where grandparents find themselves thinking about a court application:

After a divorce or separation: One parent may stop allowing the grandparents on the other side of the family to see the children. This is particularly common when the separation has been difficult or hostile.

After a bereavement: If your son or daughter has passed away, the surviving parent may limit or stop contact with your side of the family.

Family disputes: Sometimes a falling-out between you and your adult child (or their partner) leads to contact being cut off.

Safeguarding concerns: In some cases, grandparents may be worried about a grandchild’s welfare and want to seek a more formal arrangement to ensure they can maintain a relationship with the child.

We have see grandparents who have been a huge part of their grandchild’s life, doing school runs, helping with childcare, being there for birthdays, and then suddenly find themselves shut out. It can be heartbreaking, but the family court genuinely does consider the value of that relationship when deciding what is best for the child.”

Jess Knauf, Co‑founder at Family Law Service

Step-by-Step: How to Apply for Contact as a Grandparent

If you have tried to resolve things informally and it has not worked, here is an overview of the steps involved in making a court application for grandparents’ rights to see grandchildren.

Step 1: Try to resolve things without going to court

Before making any application, it is worth trying to sort things out directly. You could try having an honest conversation with the parent, writing a letter, or asking a trusted family member to help mediate informally. If that does not work, family mediation with a qualified mediator can sometimes help find a middle ground.

Step 2: Attend a Mediation Information and Assessment Meeting (MIAM)

In most cases, you are required to attend a MIAM before applying to court. This is a short meeting with a family mediator who will explain how mediation works and whether it might be suitable for your situation. There are some exemptions, for example if there are domestic abuse concerns or if the matter is urgent.

Step 3: Apply for leave (permission) to make your application

As a grandparent, you will usually need to apply for permission from the court before you can apply for a Child Arrangements Order. You do this by filing a Form C100 together with a supporting statement explaining your relationship with the child and why contact would be in their best interests.

Your supporting statement is a key part of the application. It should cover things like how often you used to see the child, the activities you did together, and why you believe the child would benefit from continued contact. (Internal link suggestion: FLS Form C100 completion service)

Step 4: The court considers your application for leave

A judge will review your application, sometimes on paper and sometimes at a short hearing. If leave is granted, your application moves forward to the next stage.

Step 5: The full hearing

If the case cannot be resolved at an early stage (for example through a discussion at the First Hearing Dispute Resolution Appointment), it may proceed to a full hearing where the judge will decide what order to make. The court may also ask Cafcass (the Children and Family Court Advisory and Support Service) to prepare a report on the child’s wishes and feelings and what arrangement would best serve their welfare.

Step 6: The court makes its decision

The judge will decide whether to grant a Child Arrangements Order for the child to spend time with you. This could be regular visits, overnight stays, video calls, or another arrangement that suits the child’s needs.

What Does the Court Consider When Deciding Grandparents’ Contact?

Whenever the court makes a decision about a child, it must treat the child’s welfare as its paramount concern. This principle comes from Section 1 of the Children Act 1989, and it applies to grandparents’ rights applications just as it does to disputes between parents.

The court uses something called the “welfare checklist” to guide its decision. The factors on this checklist include:

In practice, where a grandparent has had a positive, established relationship with a grandchild, the court will often recognise the benefit of that relationship continuing. Judges understand that grandparents can provide stability, love, and a sense of identity, all of which matter to a child’s emotional wellbeing.

Relevant Case Law on Grandparents’ Rights

Although there is no specific “grandparents’ rights” statute, there is helpful case law that shows how courts approach these applications.

Re J (Leave to Issue Application for a Residence Order) [2002] EWCA Civ 1346

In this case, the Court of Appeal set out the approach to be taken when deciding whether to grant leave. The court confirmed that the leave stage should not be used as a “full dress rehearsal” of the main hearing. The question at the leave stage is whether the applicant has a good arguable case, not whether the application will definitely succeed.

Re W (Contact: Application by Grandparent) [1997] 1 FLR 793

This case underlined that the welfare of the child is the court’s primary concern in any contact application, including those made by grandparents. The court also noted the importance of the existing relationship between the grandparent and the child.

These cases show that, while the process involves an extra step for grandparents, the courts do take applications for contact seriously and will look at the merits of each case individually.

Do You Need a Solicitor, or Can You Apply Yourself?

You do not need a solicitor to apply for a Child Arrangements Order. Many grandparents represent themselves in the family court, and this is sometimes called being a “litigant in person.”

However, applying without professional support can be daunting. The forms can be confusing, and writing a clear, persuasive supporting statement takes careful thought. Getting the paperwork right from the start can make a real difference to how the court views your application.

This is where fixed-fee legal support can be really helpful. Rather than paying a solicitor by the hour (which can quickly add up), you can get targeted help with specific parts of the process.

How Family Law Service can help grandparents

5 Tips for Strengthening Your Application

If you are thinking about making a court application for grandparents’ contact, here are a few practical things that can help:

1 – Keep a record of your relationship. Gather any evidence that shows the bond between you and your grandchild. This could include photos, cards, text messages, school reports where you are mentioned, or a diary of times you spent together.

2 – Document any attempts to resolve things. If you have tried to arrange contact by letter, text, email, or through a third party, keep copies. The court wants to see that you have made reasonable efforts before applying.

3 – Stay calm and child-focused. It can be tempting to criticise the parent who is preventing contact, but the court wants to hear about the child’s needs, not about blame. Keep your language positive and focused on your grandchild’s wellbeing.

4 – Get your paperwork right. A well-completed C100 and a clear, honest supporting statement can make a strong first impression. This is an area where professional help can be especially useful.

5 – Consider the child’s wishes. If your grandchild is older, the court may take their views into account. If the child has expressed a wish to see you, that can support your application.

What About Parental Responsibility for Grandparents?

In certain circumstances, grandparents can apply for parental responsibility. This might happen if a grandparent is applying for a Child Arrangements Order for the child to live with them (rather than just spend time with them). If the court makes a “lives with” order in favour of a grandparent, they will also be granted parental responsibility for the duration of that order.

Grandparents can also apply for a Special Guardianship Order, which grants parental responsibility and gives the grandparent a more secure legal status as the child’s carer. This is more common where there are serious concerns about the parents’ ability to care for the child.

These applications are more complex than a straightforward contact application, and it is usually a good idea to get legal advice before going down this route.

Alternatives to Court: Mediation and Other Options

Going to court is not always the best first step, and it is not always necessary. Here are some alternatives worth considering:

Family mediation: A trained mediator can help you and the parent have a structured conversation about contact arrangements. Mediation is usually quicker, cheaper, and less stressful than court. Many families reach an agreement this way without needing a court order.

Letter before action: Sometimes a carefully worded letter from a legal support service can open up a conversation. Knowing that you are serious about seeing your grandchild, and that you have taken advice, may encourage the parent to agree to contact.

Counselling or family therapy: If the breakdown in contact is linked to a wider family dispute, a family therapist may be able to help address the underlying issues.

Organisations like the Family Mediation Council can help you find an accredited mediator near you.

How Much Does It Cost to Apply for Grandparents’ Rights?

There are a few costs to be aware of:

Legal aid is generally not available for private family law cases, including grandparents’ contact applications. However, if you are on a low income, you can apply for help with court fees using the EX160 form on gov.uk.

The Emotional Side of Grandparents’ Rights

It is completely normal to feel upset, frustrated, or even angry when you cannot see your grandchildren. Many grandparents describe it as a kind of grief, and it can take a real toll on your mental health.

If you are finding things difficult, please do reach out for support. Organisations like Mind and the NHS mental health services can offer help. Talking to other grandparents who have been through a similar experience can also be comforting.

Try to focus on what you can control: preparing the best application you can, staying positive, and keeping the child at the centre of everything you do.