Grandparents' Rights to See Grandchildren in the UK

When a family breaks down, grandparents often lose contact with grandchildren almost overnight, yet England and Wales gives them no automatic legal right to see a grandchild. This explains how a grandparent can ask a court for contact, and how Scotland's approach differs.

Do Grandparents Have a Legal Right to See Their Grandchildren?

No. In England and Wales, grandparents have no automatic legal right to contact with a grandchild, however close the relationship has been. This is different from parents, who can apply to the family court for a child arrangements order without needing anyone's permission first. Where a parent stops a grandparent seeing a child, perhaps after a divorce, separation or family fall-out, there is no standing entitlement to fall back on. Many families never reach this point at all: contact is agreed informally between the adults involved, often with the grandparent continuing much the same relationship as before. Court is only relevant where an informal arrangement cannot be reached or has broken down, and even then it is a route of last resort rather than a first step.

Applying for a Child Arrangements Order: Leave to Apply

Because grandparents are not automatically entitled to apply for a court order about a child, they usually need the court's permission first, known as leave to apply, under section 10 of the Children Act 1989. This is a preliminary step, decided before the substantive contact question is considered. In deciding whether to grant leave, the court looks at factors set out in the Act, including the nature of the grandparent's connection with the child and whether the application risks disrupting the child's life in a harmful way. Leave is generally not difficult for a grandparent with a genuine, established relationship to obtain, but it is a real legal hurdle that a parent applying for the same order does not face.

How the Court Decides: the Child's Welfare

If leave is granted and the case proceeds, the court's decision turns on the child's welfare, which the Children Act 1989 makes the paramount consideration in any question about a child's upbringing. There is no presumption either for or against grandparent contact; the court weighs the child's own wishes and feelings, their needs, and the likely effect of any change, among other factors. An order can provide for direct contact, such as visits or overnight stays, or indirect contact, such as phone calls, video calls or letters, depending on what suits the child. The parents' objections are relevant but are not decisive on their own; the question is always what serves the child, not what either adult wants.

Trying Mediation Before Going to Court

Before a grandparent can apply to court for a child arrangements order, they are expected to attend a mediation information and assessment meeting (MIAM), unless an exemption applies, such as evidence of domestic abuse. An independent mediator helps the family try to reach an agreement without a judge, which is often quicker, less adversarial and better for an ongoing family relationship than contested proceedings. Many disputes over grandparent contact resolve at this stage, or informally before mediation is even needed. Cafcass, the organisation that advises family courts on children's welfare, publishes guidance specifically for grandparents on staying involved in a child's life and understanding how the court process works if it becomes necessary.

Scotland: Contact Orders Under a Different Act

Scotland does not use the child arrangements order at all. Instead, contact between a child and a grandparent (or anyone else) is dealt with through a contact order under section 11 of the Children (Scotland) Act 1995. A notable difference from England and Wales is that a person "claiming an interest" in the child, which can include a grandparent, does not generally need the court's leave before applying for a contact order in the way a grandparent in England and Wales must. As in England and Wales, the child's welfare is the court's paramount consideration, and the court will not make an order unless doing so is better for the child than making no order at all.

Grandparent contact sits alongside the wider child arrangements order framework, and often turns on who holds parental responsibility for the child. For the fuller picture of family law across the UK's nations, see our UK family law hub, part of our wider guide to United Kingdom law.

This article explains the general legal position for grandparents in England and Wales, with a brief note on Scotland; it is not legal advice and every family's circumstances differ. Family breakdown is difficult, and support is available: Cafcass publishes guidance for grandparents, Citizens Advice offers free family law information, and an independent mediator can often help a family reach agreement without going to court at all.