Grandparents often play a significant role in a child's life, providing emotional support and stability and, in some cases, being the child's primary caregiver.
Official statistics published by the Office for National Statistics in 2021, together with more recent estimates from the Family Rights Group, suggest that around 160,000 children in England and Wales are being raised in kinship care arrangements, with grandparents making up the largest group of kinship carers.
Despite this, grandparents do not have automatic legal rights regarding their grandchildren, such as rights to contact, involvement in decision-making, or parental responsibility.
So, what rights do grandparents have in relation to their grandchildren?
Our Family Lawyers explain the legal status of grandparents, grandparents' rights, and the options available for maintaining or establishing arrangements with their grandchildren, both in and out of court.
The Role of a Grandparent in the Eyes of the Law
The Children Act 1989 ("CA 1989") defines a "relative" of a child as a grandparent, brother, sister, uncle, aunt or step-parent who is married to or in a civil partnership with a parent of the child.
In the eyes of the law, grandparents are generally considered extended family members.
This means that, unlike parents, grandparents do not automatically have parental responsibility or an automatic right to spend time with their grandchildren, even where they play a significant role in the child’s upbringing.
This does not mean, however, that grandparents have no legal avenues they make take.
The law recognises the important role grandparents can play in a child’s life and there are different routes available for grandparents to maintain or establish arrangements with their grandchildren.
Arrangements for grandparents and their grandchildren can be made either through an informal agreement with the child's parents or carers, or through a court order if necessary.
Resolving Matters Outside of Court
Before considering court proceedings, grandparents should explore whether an agreement can be reached.
Where possible, families can and should seek to resolve arrangements in relation to a child through discussions and negotiations in an alternative dispute resolution process.
In doing so, this can help to preserve family relationships and avoid the stress, delay and cost associated with court proceedings.
Mediation
One alternative dispute resolution option is mediation. This is where an independent and impartial third party can help grandparents and the child's parent or carer discuss issues and explore possible solutions.
Before making most court applications concerning children, the applicant, such as the grandparent, will usually be required to attend a Mediation Information and Assessment Meeting ("MIAM"), unless an exemption applies, such as cases involving domestic abuse.
A MIAM provides an opportunity to consider whether mediation may help the parties reach an agreement that is in the child's best interests without the need for court proceedings.
Collaborative Law
Another option available is the collaborative law process.
This involves the parties, such as the grandparents and the child's parent or carer, each appointing their own independent solicitor and working together to reach an agreement through a series of meetings and negotiations.
At the outset, the parties sign an agreement confirming their commitment to resolving matters without court involvement.
This can help to create a constructive dialogue, focussing on finding practical solutions for the child and family.
The benefits of out-of-court processes are numerous.
They allow for greater flexibility, are often more cost-effective than court proceedings, and can encourage positive communication between family members, reducing hostility and conflict.
What Court Applications can Grandparents Make?
Unfortunately, not every out-of-court process results in an agreement being reached.
Where this is the case, a grandparent may wish to make an application to the court for an order relating to the child.
The types of the orders that a grandparent may be able to apply for are set out in section 8 of the CA 1989 and include:
- Child Arrangements Orders: these are orders which determine where a child lives, who they spend time with and who they have contact with
- Specific Issue Orders: these are orders that deal with a particular issue concerning a child's upbringing
- Prohibited Steps Orders: these are orders that prevent a person from taking a particular action in relation to a child
Do Grandparents Have an Automatic Right to Make an Application?
The CA 1989 sets out who may apply for a section 8 order automatically and who must first obtain the court's permission before making an application.
Certain individuals are entitled to apply for a section 8 order without first obtaining the court's permission because they are considered closely connected to the child.
These include parents, guardians, special guardians, certain step-parents with parental responsibility, and individuals named in an existing Child Arrangements Order.
Notably, grandparents are not expressly listed as applicants with an automatic right to apply for most section 8 orders.
The reasoning behind the requirement for court permission to make an application is to protect children and their families from unwarranted interference by relatives and other third parties. There are, however, exceptions to this requirement.
For example, where the child has lived with the grandparent for at least one year immediately before the application, the grandparent may be able to apply for a Child Arrangements Order without first obtaining permission from the court.
In most cases involving contact between grandparents and grandchildren, however, grandparents will need to obtain the court's permission before making a substantive application for a section 8 order
What Will the Court Consider When Deciding Whether to Grant Permission?
Where permission is required, the court will consider a number of factors to decide whether to permit the grandparent to make an application.
The court will consider:
- The nature of the proposed application
- The grandparent's connection with the child
- Whether the application might disrupt the child's life to such an extent that the child would be harmed by it
In particular, the court will consider the existing relationship between the grandparent and grandchild.
A grandparent who has played a significant role in the child's life, such as providing regular childcare or acting as a primary carer, is likely to be considered to have a stronger connection with the child than someone who has had limited involvement.
The Court’s Primary Consideration
Once permission has been granted and the grandparent has made an application for a section 8 order, the court's paramount consideration when deciding that application is the child's welfare.
Instead of considering what is “fair” for the adults involved, the court will focus on what outcome is in the child's best interests.
When assessing a child's welfare, the court can consider a number of factors, including:
- The child's wishes and feelings (taking into account their age and understanding)
- Their physical, emotional and educational needs
- The likely effect of any change in circumstances
- Their age, background and relevant characteristics
- Any risk of harm
- The capability of those seeking to meet the child's needs
Every case will depend on its own facts, and the court will consider the individual circumstances of the family before deciding what arrangements are in the child's best interests.
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Grandparents often play a vital role in a child's upbringing and development. Although grandparents do not automatically have parental responsibility or the right to apply for all orders concerning their grandchildren, the law recognises the importance of these relationships and provides avenues through which grandparents can seek orders and make arrangements for their grandchildren. Where possible, arrangements in relation to children should be resolved through discussion, mediation or other out-of-court processes. However, where agreement cannot be reached, the court can intervene and make orders, with the child's welfare being its paramount consideration. |
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Want to Stay in Your Grandchild's Life?
If you're struggling to stay in touch with your grandchild, you don't have to work it out alone.
Our family team can explain your options, from mediation and collaborative law to applying to the court when agreement isn't possible.
We'll help you find the approach that protects your relationship and puts your grandchild's wellbeing first.
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Josie O'Neill
Trainee Solicitor
After obtaining a first-class law degree from the University of Liverpool, Josie gained a year’s experience assisting at a boutique law firm in Malta before joining Myerson as a Legal PA in the Residential Property team. She spent three years supporting the team, including during busy transactional periods.
Alongside her full-time role at Myerson, Josie studied part-time for the SQE. She completed SQE1 and SQE2 within one year, passing both stages first time and scoring in the top quintile of all candidates.
Josie began her training contract with Myerson in September 2025. She is currently in her second seat in Insolvency & Restructuring, having completed her first seat in Probate Litigation.
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