Grandparents’ Rights: Do Grandma and Grandad Have ‘Access’ and ‘Visitation’ Rights?

Many grandparents play a vital role in their grandchildren’s lives.

When families go through separation or conflict, grandparents can find themselves unexpectedly cut off. This can be deeply upsetting for both grandparents and grandchildren.

If you are in this position, it is important to know that while the law in England and Wales does not automatically protect grandparent relationships, there are legal options available and you are not alone.

When discussing grandparents’ involvement with a child, it is worth noting that the family courts no longer use terms such as “custody”, “access” or “visitation”. Instead, the focus is on the arrangements that best meet the child’s needs, including who the child lives with and who they spend time with.

This child-focused approach recognises the important role that grandparents and other family members can play in a child’s life, while ensuring that the child’s welfare remains the court’s paramount consideration.

Our experienced child law and custody solicitors regularly support grandparents in restoring and protecting these important relationships.

Do grandparents have a legal right to see their grandchildren?

In England and Wales, grandparents do not have an automatic legal right to see their grandchildren. However, this doesn’t mean there aren’t options.

If you are being prevented from seeing your grandchildren, the usual steps are:

• Try to resolve matters informally with the parents by agreement where possible;
• Consider family mediation, which is often required before court proceedings;
• If necessary, apply to the family court for a Child Arrangements Order.

In many cases, grandparents can apply for a Child Arrangements Order, which sets out when and how they spend time with a child.

Before doing so, grandparents will usually need to ask the court for permission (known as “leave”) to make the application.

This is typically a straightforward paper-based step and the Court will consider the nature of the application and whether there has been a meaningful relationship with the child.

Importantly, the court’s focus is always on what is in the best interests of the child, not the wishes of the adults involved.

Can a family lawyer help grandparents regain contact?

Yes and early advice can make a significant difference. We can:-

• Advise you on your legal position;
• Help explore out of court options, such as mediation;
• Prepare a strong court application if needed;
• Represent you in court proceedings;
• Guide you through each stage of the process.

Seeking advice and taking action early often helps in children cases.

A testimonial from a recent Napthen’s client:

I honestly cant thank Natalie Maher enough for everything she did for my family. Going through Family Law matters is incredibly stressful, but from the very beginning she made me feel listened to, understood and genuinely supported.

Natalie always explained everything clearly and in a way that was easy to understand, so I never felt confused. Her advice was practical, honest and gave me the confidence to make informed decisions. I always felt she had our best interests at heart.

Communication was excellent throughout. Natalie kept me updated every step of the way, responded to any questions I had and always made time to reassure me when I was feeling overwhelmed. Her kindness, compassion and professionalism really made a difficult situation much easier to deal with.
I wouldn’t hesitate to recommend Natalie to anyone needing family law advice. She is not only an exceptional family lawyer but also someone who genuinely cares about her clients.

Thank you so much Natalie, for all your help and support, I will always be grateful.

Pauline

Can grandma and grandad obtain “custody” of their grandchildren?

The term “custody” is no longer commonly used in family law, but grandparents can apply for orders relating to where a child lives.

Depending on the circumstances, this may include:

Child Arrangements Orders

These can specify:

• Where a child lives;
• Who the child spends time with.

In some cases, a child may live with a grandparent under this type of order.

Special Guardianship Orders (SGOs)

A Special Guardianship Order is a more long-term arrangement, usually where a parent is unable to look after the child or an older child / teenager has chosen to live with a grandparent. It:

• formally places the child in the day-to-day care of a non-parent (such as a grandparent)
• gives the grandparent enhanced parental responsibility (which can be important for things like medical appointments and education)
• allows the grandparent to make important decisions about the child’s upbringing

SGOs provide stability while allowing the child to remain connected to their birth parents.  

As with all cases involving children, the court will make decisions based on the child’s welfare and best interests.

What happens if your grandchild already lives with you?

Many grandparents step in to care for grandchildren informally.

This can arise where:

• a child chooses to live with a grandparent (usually an older child or teenager);
• a parent asks for help due to illness, financial difficulty or personal circumstances.

While these arrangements can work well in practice, they do not automatically give grandparents legal parental responsibility. This can make decisions about schooling, medical treatment or travel more difficult.

In these situations, it is important to seek legal advice at an early stage. You may wish to formalise the arrangement through:

• a Child Arrangements Order
• a Special Guardianship Order

Both can provide clarity, stability for the child and ensure you have the legal authority to make important decisions for the child.

How much do legal services for grandparents cost?

The cost of pursuing grandparent contact or living arrangements will depend on the complexity of the case and whether an agreement can be reached.

You may need to factor in:

• legal fees
• mediation costs
• court fees

If a court application is necessary, help with court fees may be available depending on your circumstances.

Our family lawyers can provide a clearer estimate following an initial consultation, based on your individual situation and will explore cost-effective approaches wherever possible.

How we can help

We understand that disputes involving grandchildren are deeply emotional and many grandparents feel a profound sense of loss when contact stops.

Our specialist family law team has extensive experience supporting grandparents through these situations, from early advice and mediation to court applications where necessary.

If you are worried about losing contact with your grandchild, or need advice about your options, we are here to help you take the next step with clarity and confidence. Get in touch for expert and friendly advice.