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Can I get access to my grandchildren? A guide to grandparent rights in England and Wales
3 min read
Grandparents don’t have an automatic right to see their grandchildren in England and Wales. However, they may be able to get access through the Family Court.
Here, we outline the options available to grandparents seeking access to their grandchildren, as well as what’s considered at a permission hearing and why any applications must be in the grandchild’s best interests.
Options for grandparents to access their grandchildren
An often-unforeseen consequence of a family or relationship breakdown is that children can be deprived of time with their grandparents.
If an informal arrangement can’t be agreed between the parents and grandparents, then the grandparents should seek mediation to try to resolve matters amicably.
If mediation is inappropriate or unsuccessful, an application to the Family Court can be considered. A court application should, however, be the last resort.
As grandparents don’t have parental responsibility for their grandchildren, they must firstly apply to the Court for permission to apply for an order to seek contact with their grandchildren. This is an additional step to ensure that any application is in the child’s best interests.
What’s considered at a permission hearing?
At any permission hearing, the Court will consider:
- the grandparents’ relationship with the grandchild
- the nature of the application
- whether contact with the grandparents would be detrimental to the child in any way
- whether continuing the contact with the grandparents would negatively impact the rest of the family, which in turn would negatively affect the grandchild.
Child arrangements application
If the court believes that the application is genuinely in the best interest of the child, the Court will grant permission for the grandparent(s) to proceed in making a child arrangements application.
The parents of the children will be notified of any such application by the grandparents and the application will then proceed through the court system.
The main focus of any grandparent application will be to set out how the grandparents have been a part of their grandchildren’s lives and how the children will be negatively impacted by not having their grandparents around.
The judge will apply the Children Act 1989 welfare checklist to make their decision.
Applications for contact must be in grandchild’s best interests
The recent case of J & K v M & F [2024] EWHC 1156 (Fam) concerned an application by the paternal grandfather and paternal step grandmother for contact with their six-year-old grandchild. This application was opposed by the mother but supported by the father (who was serving a prison sentence for murder).
In the Court’s conclusions, it was emphasised that the child’s welfare was paramount. The court found that while there were potential benefits for the child in knowing the paternal family, the emotional impact on the mother and potential distress that this could cause the children outweighed those benefits. The Court allowed indirect contact but denied direct contact.
Such case law makes it clear that any application for contact must be in the grandchild’s best interest.
Talk to us
If you’ve been unfairly denied contact with your grandchildren, it’s important to obtain legal advice.
A family solicitor with experience in grandparents' access rights will be able to advise you properly.
Talk to our award-winning family law team by completing our contact form below.
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