Grandparents and Child Arrangements
The relationship between grandparents and grandchildren is often one of the most precious in a child’s life. Grandparents provide stability, wisdom, and unconditional love – and research consistently shows that children benefit enormously from maintaining these bonds. Yet when family relationships break down, grandparents can find themselves suddenly cut off from grandchildren they have helped raise and deeply cherish.
If you are a grandparent who has been denied contact with your grandchildren, or if you are concerned about a grandchild’s welfare, you are not without options. Whilst the law in England and Wales does not give grandparents automatic rights to see their grandchildren, there are established legal pathways to secure time together – and courts generally recognise the important role grandparents play in children’s lives.
At Heritage Park Family Law, we understand how distressing this situation can be. Our specialist family lawyers can help you navigate these emotionally challenging circumstances – working towards solutions that prioritise children’s wellbeing whilst preserving vital family relationships.
This is one of the most common questions we hear, and the honest answer requires some explanation. Under the Children Act 1989, grandparents do not have automatic legal rights to spend time with their grandchildren. Unlike parents, who can apply directly to court for a child arrangements order, grandparents must typically first obtain the court’s permission (known as ‘leave’) before making such an application.
This does not mean the law is unsympathetic to grandparents. Rather, the requirement for permission exists to filter out applications that might not genuinely serve children’s interests, whilst ensuring that meritorious cases are properly considered. In practice, courts frequently grant permission to grandparents, recognising that maintaining these relationships is generally beneficial for children.
The key principle underlying all decisions about children is the ‘paramountcy principle’ – the child’s welfare is the court’s paramount consideration. When grandparents can demonstrate that their involvement genuinely benefits a child, courts will often look favourably upon applications.
There are several circumstances where grandparents can apply directly to court for a child arrangements order without first needing to seek the court’s permission:
The child has lived with you for at least three years – This period need not be continuous, but must have begun no more than five years before, and ended no more than three months before, the application is made.
The child has lived with you for at least one year immediately before the application – If your grandchild has been residing with you continuously for the past year, you may apply directly.
You have consent from everyone with parental responsibility – If both parents (and anyone else with parental responsibility) agree to your application, you do not need to seek the court’s permission.
The child is in local authority care and you have their consent – If children’s services support your application, you can proceed directly.
You already hold a child arrangements order – If you are named in an existing order as someone with whom the child lives, you can apply to vary that order.
You are a special guardian or guardian – If you have already been appointed in this capacity, permission is not required.
If none of these circumstances apply, you will need to apply for the court’s permission before proceeding with your substantive application.
When grandparents need to seek permission to apply, the court considers specific factors set out in Section 10(9) of the Children Act 1989. Importantly, at this stage, the child’s welfare is not the paramount consideration – instead, the court focuses on whether there is sufficient justification for the application to proceed.
The court will have particular regard to:
The nature of the proposed application – What order are you seeking? Are you asking to spend regular time with your grandchild, or seeking something more substantial such as the child living with you?
Your connection with the child – The court will consider the nature and strength of your relationship with your grandchild. Have you been actively involved in their life? How close is your bond? Evidence of a meaningful existing relationship strengthens applications significantly.
Any risk of disruption to the child’s life – The court must consider whether the application itself (not just the order sought) might harm the child through disruption to their life. This includes considering how court proceedings might affect family dynamics.
The court may also consider whether there is an ‘arguable case’ – essentially, whether your application has a realistic prospect of success if permission is granted. However, establishing an arguable case alone is not sufficient; the court must weigh all relevant factors.
It is worth noting that being granted permission does not guarantee success in the substantive application. These are separate stages with different considerations.
A child arrangements order is a court order that determines who a child lives with and who they spend time with. For grandparents, this typically means seeking an order that provides for regular time with grandchildren – though in some circumstances, grandparents may seek for children to live with them.
Child arrangements orders replaced the previous ‘residence orders’ and ‘contact orders’ in 2014. They are flexible and can specify:
Time spent together – This might include regular visits (such as every other weekend or one day per week), holiday time, or staying contact overnight. Orders can be very specific about dates and times, or more general to allow flexibility.
Living arrangements – In some cases, grandparents may seek for children to live with them, either wholly or for part of the time.
Methods of contact – Orders can provide for direct contact (face-to-face time) or indirect contact (such as video calls, telephone conversations, letters, or gifts).
The court may also include conditions in an order, such as requiring contact to be supervised initially, or prohibiting certain discussions with the child.
Before making any court application, you must attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies. At a MIAM, an accredited mediator will explain the mediation process and assess whether your case is suitable for mediation or other forms of non-court dispute resolution.
Mediation can be an excellent option for grandparents. It is typically quicker and less expensive than court proceedings, less adversarial, and often more effective at preserving family relationships. A skilled mediator can help facilitate conversations between you and the parents to reach an agreement that works for everyone – most importantly, the children.
Even if you believe mediation is unlikely to succeed, you must still attend a MIAM (unless exempt) and obtain the mediator’s signature on your court application confirming you have considered non-court options.
Exemptions from the MIAM requirement include situations involving domestic abuse, child protection concerns, or genuine urgency. If you are unsure whether an exemption applies, we can advise you.
If mediation is unsuccessful or not appropriate, the next step is making a court application. For grandparents who need permission, this typically involves filing two forms: an application for permission to apply (Form C2) and, with that, your substantive application for a child arrangements order (Form C100).
If permission is granted, your substantive application is already with the court and can proceed without delay.
Once an application is made, the Children and Family Court Advisory and Support Service (Cafcass) become involved. Cafcass is an independent organisation that represents children’s interests in family court proceedings.
Cafcass will conduct safeguarding checks with the police and local authority to identify any welfare concerns. They will also typically speak to you by telephone to understand your concerns and your relationship with your grandchild. This information is compiled into a ‘safeguarding letter’ which is provided to the court before the first hearing.
If the case progresses beyond the first hearing, the court may direct Cafcass to prepare a more detailed ‘Section 7 report’. This involves the Cafcass officer meeting with the child (if appropriate given their age), observing relationships, and speaking with relevant people such as parents, school staff, and other family members. The report will include an assessment of the child’s wishes and feelings and recommendations about what arrangements would be in their best interests.
The first court hearing in most cases is the First Hearing Dispute Resolution Appointment (FHDRA). At this hearing, the judge or magistrates will consider the Cafcass safeguarding letter, identify the issues in dispute, and explore whether agreement can be reached.
If you need permission to apply, the court may deal with this at the FHDRA or at a separate hearing beforehand. A Cafcass officer is usually available at the FHDRA to assist the court and parties.
If agreement cannot be reached, the court will give directions for how the case should proceed – this might include ordering a Section 7 report, listing the matter for a further hearing, or making interim arrangements for contact.
Depending on the complexity of your case, there may be one or more further hearings before a final decision is made. At the final hearing, the court will consider all the evidence, including any Cafcass report, and make a decision based on what is in the child’s best interests.
When deciding whether to make a child arrangements order, the court must apply the ‘welfare checklist’ set out in Section 1(3) of the Children Act 1989. This ensures the court systematically considers all relevant factors affecting the child’s wellbeing:
The child’s wishes and feelings – Considered in light of their age and understanding. Older children’s views typically carry more weight, though the court will ensure these are the child’s own views and not influenced by a parent.
The child’s physical, emotional, and educational needs – What does the child need to thrive, and how can those needs best be met?
The likely effect of any change in circumstances – Courts generally prefer stability and are cautious about changes that might disrupt a child’s life.
The child’s age, sex, background, and any relevant characteristics – This includes cultural, religious, and linguistic background.
Any harm the child has suffered or is at risk of suffering – The court must consider safeguarding issues and any history of harm or neglect.
How capable each parent (and any other relevant person) is of meeting the child’s needs – This includes considering the capabilities of grandparents seeking involvement in the child’s life.
The range of powers available to the court – The court can make a wide range of orders, even ones not specifically applied for, if they would benefit the child.
Whilst courts do not apply a presumption that grandparent contact is in a child’s best interests (as they do for parents), they do generally recognise the value grandparents bring to children’s lives. Courts frequently acknowledge that grandparents can provide:
When making your case, it helps to demonstrate the positive role you have played (or could play) in your grandchild’s life. Evidence of your existing relationship – such as photographs, cards, school involvement, or statements from others who have observed your bond – can be valuable.
However, courts will not make orders purely to satisfy adult wishes. The focus remains firmly on what benefits the child. If there are reasons why contact might not be in a child’s interests – for example, if it would expose them to significant conflict between adults, or if there are genuine welfare concerns – the court must weigh these carefully.
In some circumstances, grandparents may consider applying for a special guardianship order (SGO) rather than, or in addition to, a child arrangements order. Special guardianship provides a more permanent arrangement and gives the special guardian parental responsibility for the child.
An SGO might be appropriate when:
As a special guardian, you would have day-to-day parental responsibility and could make most decisions about the child’s upbringing without needing to consult the parents. However, parents retain some parental responsibility and would need to consent (or the court would need to approve) major decisions such as changing the child’s name or taking them abroad for more than three months.
Special guardianship applications require you to notify the local authority at least three months before applying. The local authority must prepare a report assessing your suitability, which the court will consider. Financial support may be available, particularly if the child was previously in local authority care.
We understand that cost is often a significant concern, particularly for grandparents who may be on fixed incomes. Court proceedings can be expensive, which is one reason why we always encourage exploring mediation and negotiation first.
Legal aid is generally not available for private family law matters such as child arrangements applications.
At Heritage Park Family Law, we offer several ways to manage costs:
Keep records – Document your relationship with your grandchild: keep cards they have sent you, photographs of time together, notes of conversations. This evidence may be valuable later.
Stay calm and child-focused – However hurt or angry you feel, try to avoid criticising the parents in front of your grandchild or putting them in the middle of disputes. Courts look favourably on adults who prioritise children’s wellbeing over their own grievances.
Try to communicate – Before turning to lawyers, see if informal approaches can resolve matters. Sometimes a calm letter or approach through a trusted family member can open doors.
Consider the child’s perspective – What do they need? What would benefit them? Framing your approach around the child’s interests rather than your rights will serve you better both practically and in any court proceedings.
Seek advice early – The sooner you understand your options, the better placed you are to make good decisions. Delay can sometimes make situations more difficult to resolve.
Yes, grandparents can apply for a child arrangements order that the child lives with them, though this is more likely to succeed if the parents are unable to care for the child adequately. You would typically need permission from the court first (unless exceptions apply), and the court will only make such an order if it is in the child’s best interests.
Timescales vary considerably depending on the complexity of your case and whether agreement can be reached. If you need permission to apply and the matter is contested, reaching a final order can take several months or longer. Cases where agreement is reached early can be resolved much more quickly.
This can be helpful; if one parent is supportive, it demonstrates that at least some family members recognise the value of your relationship with the child.
Yes, and courts often recognise the particular importance of maintaining grandparent relationships when a parent has died, as you represent an important connection to that parent. The surviving parent does not have an absolute right to prevent contact.
If you have immediate concerns about a child’s safety, you should contact children’s services or the police. In ongoing cases, you can raise welfare concerns with the court and Cafcass. In serious cases, grandparents may be able to apply for emergency protection orders, though this is unusual and requires urgent legal advice.
Children do not normally attend court hearings in family cases. Their views are typically conveyed to the court through Cafcass. In rare cases involving older children and complex circumstances, a child might be made a party to proceedings with their own legal representation.
Yes. If there are concerns about a child’s welfare, the court might order that contact be supervised – either by a professional at a contact centre, or by a trusted family member. This is often used as an interim measure while concerns are investigated, or as a stepping stone towards unsupervised contact.
Indirect contact means staying in touch without meeting face to face – for example, through video calls, telephone conversations, letters, cards, or gifts. Courts may order indirect contact as a first step, or where direct contact is not currently appropriate. It maintains the relationship while minimising disruption.
At Heritage Park Family Law, we offer specialist support for grandparents facing difficulties maintaining relationships with grandchildren. Our approach combines legal expertise with genuine understanding of the emotional challenges these situations present.
Our services include:
We believe in being honest about your prospects. If we think your case faces significant challenges, we will tell you – and explain why. Equally, if you have a strong case, we will help you present it in the most effective way possible.
If you are a grandparent who has been denied contact with grandchildren, or you are concerned about a grandchild’s welfare, we encourage you to get in touch for an initial discussion which we offer at a reduced rate of £250.00 plus vat for a meeting of up to one hour. There is no obligation to proceed further, and this meeting will help you understand where you stand and what options are available.
Every family situation is different, and the right approach depends on your particular circumstances. By speaking with us, you can make informed decisions about how best to proceed – whether that involves mediation, court proceedings, or perhaps approaches you had not considered.
Call us on 01525 406030 or completing our online enquiry form. Our team is here to help you navigate this difficult time with compassion and expertise.
