Last updated: June 2026
by Jess Knauf, Director of Client Strategy at Mediate UK, June 2026. Information reflects current family law in England and Wales as of 6 June 2026.
Key Takeaways
- Not automatic: grandparent rights in the UK are not automatic, so in most cases you must first ask the court for permission (called leave) to apply for contact
- Two-stage process: the court decides whether to grant permission using the Section 10(9) Children Act 1989 criteria, then considers the application itself
- Mediation first: family mediation is the recommended first step, and a MIAM is required before most court applications
- The child comes first: the court always prioritises the child’s best interests, and you will need to show how contact benefits them
- Some exceptions: you may not need permission if the child has lived with you for three years or everyone with parental responsibility agrees
- Different orders: options range from a Child Arrangements Order for contact to a Special Guardianship Order for full care
Grandparent Rights UK
Grandparents in England and Wales do not have an automatic legal right to see their grandchildren, but they can apply to the family court for permission to seek contact. In most cases this is a two-stage process: the court first grants permission under Section 10(9) of the Children Act 1989, then decides the application based on the child’s best interests. Family mediation is usually the quickest and least stressful first step.
Understanding Grandparent Rights in the UK
When families go through separation or divorce, grandparents can find themselves suddenly cut off from the grandchildren they love. If you are facing this, you are probably wondering exactly what your grandparent rights in the UK are and what you can do to rebuild your relationship. This guide explains your legal position, the permission process, the role of mediation, and the court route, step by step.
The reality is that grandparent rights in the UK work differently to parental rights. You do not have an automatic right to see your grandchildren, but you do have options. The law recognises how valuable grandparents can be in a child’s life, and family courts will support contact when it is in the child’s best interests.
Grandparents have no automatic right of contact, and most need the court’s permission before they can even apply. Mediation avoids all of that, and a relationship rebuilt by agreement tends to last.
Do Grandparents Have Legal Rights to See Their Grandchildren?
Grandparent rights in UK law are not automatic in the way that parental rights are. Parents with parental responsibility can make decisions about their children and spend time with them as of right. Grandparents do not have these automatic rights, even if you have been heavily involved in raising your grandchildren.
However, this does not mean you have no options. The Children Act 1989 recognises the important role grandparents play. If you are being prevented from seeing your grandchildren, you can ask the family court for permission to apply for a Child Arrangements Order.
The Two-Stage Process: Permission, Then the Application
Because grandparents are not automatically entitled to apply, the process usually has two stages. First, you ask the court for permission (often called leave) to make an application. Second, if permission is granted, the court considers the application itself and decides what contact, if any, is in the child’s best interests.
At the permission stage, the court must have particular regard to the factors set out in Section 10(9) of the Children Act 1989:
- The nature of the application: what you are asking the court to decide
- Your connection with the child: how close and meaningful your relationship is, and has been
- Any risk of disruption: whether the application could disrupt the child’s life so much that they would be harmed by it
The court will also look at whether you have a good arguable case, the test confirmed by the Court of Appeal in Re J (A Child) (Leave to Issue Application for Residence Order) [2002] EWCA Civ 1346. The child’s welfare is relevant, but at this first stage it is not the court’s paramount consideration, and the full welfare checklist does not strictly apply. In practice, where a grandparent has a genuine, established bond and no safeguarding concerns, permission is usually granted.
When You May Not Need the Court’s Permission
Some grandparents can apply for a Child Arrangements Order without first asking for permission. Under Section 10(5) of the Children Act 1989, you will usually not need leave if:
- You already have a Child Arrangements (lives with) Order in your favour
- The child has lived with you for at least three years (this need not be continuous)
- Everyone with parental responsibility for the child consents to your application
“We often see grandparents who have played a central role in their grandchildren’s lives, sometimes providing daily childcare or stepping in during difficult times. When a family breaks down, losing that contact can be devastating. The good news is that courts genuinely value these relationships, and the permission stage is rarely the obstacle people fear it will be, provided you can show a real, established bond with the children.”
Jess Knauf, Director of Client Strategy, Mediate UK
Can a Parent Stop a Child from Seeing Grandparents?
Yes. A parent with parental responsibility has the legal right to decide who spends time with their children, and can stop contact unless a court order says otherwise.
This often happens as part of a wider family conflict after a separation. A parent might feel you have taken sides, or there may be genuine concerns they want to talk through. Whatever the reason, if you believe maintaining contact serves your grandchildren’s best interests, you can challenge a refusal through mediation or, if needed, the courts.
What If My Son or Daughter Is Not on the Birth Certificate?
This is a common and difficult situation, especially for the parents of fathers. Your son will only have parental responsibility if he was married to the mother when the child was born, or if his name is on the child’s birth certificate. If neither applies, he has no automatic legal say over the child’s upbringing, which can make it harder for the wider family to stay involved.
If you are still in contact with your son or daughter, the best first step is to work together rather than in isolation. They may be able to apply for parental responsibility and contact in their own right, and your support can make a real difference at a stressful time. Where mediation does not resolve matters, it is common for two separate court applications to be made, one by the parent without parental responsibility and one by you as the grandparents. These should be made as separate applications, not as a single joint application by parent and grandparent together.
Because this can get legally complex, it is worth taking advice early so you understand which route gives the children the best chance of keeping both their parent and their grandparents in their lives.
What Are the Signs of Grandparent Alienation?
Grandparent alienation happens when a child is deliberately distanced from their grandparents, often after a family breakdown. Recognising the signs early can help you respond constructively:
- Sudden communication barriers: calls and messages go unanswered, and visits are repeatedly cancelled at short notice
- Changed behaviour: when you do see the children they seem withdrawn, or repeat negative comments that do not match your real relationship
- Being blamed: you are held responsible for supporting your adult child through their separation
- Exclusion from events: you are no longer invited to birthdays, school events or family gatherings
- Information blackout: you are not told about school progress, health or other important updates
- Interference with contact: letters or gifts do not reach the children, or they are told not to respond
What Should You Do If You Cannot See Your Grandchildren?
Being separated from your grandchildren is painful, but there are constructive steps you can take, ideally in this order.
1. Try to Maintain Contact Directly
Start with calm, non-confrontational communication. A short letter or email can explain how much you miss the children, that you are not taking sides, and that you would like to understand any concerns. Keep copies of everything, as it shows the court you tried to resolve matters informally.
2. Consider Family Mediation
If direct contact does not work, family mediation is the next step. An impartial mediator helps everyone discuss the issues and work towards an agreement. It is less confrontational, more affordable and faster than court, and it helps repair relationships rather than damage them further. To start, you book a Mediation Information and Assessment Meeting (MIAM).
3. Apply to the Family Court
Court should be a last resort, as it can be costly, slow and stressful. Sometimes, though, it is the only way to restore contact. The step-by-step process is set out further down this guide.
Comparing Your Options
| Route | Typical Cost | Speed | Best For |
|---|---|---|---|
| Talking directly | Free | Immediate | Where some communication is still possible |
| Family mediation | MIAM £115 plus VAT, with up to £500 in government vouchers towards joint sessions | Usually 1 to 3 months | Most situations, and required before court |
| Family court | £270 court fee, plus solicitor costs of around £2,000 to £10,000 if you instruct one | Often 6 to 12 months | When all other routes have failed |
Grandparents Can Use the £500 Mediation Voucher Too
Many grandparents do not realise that the government’s family mediation voucher scheme is open to them, not just to parents. For disputes about child arrangements, it can contribute up to £500 towards your joint mediation sessions, which often covers most or all of the cost of resolving contact without going to court. Find out more about the extended £500 voucher scheme.
Case Study: Rebuilding Family Bonds Through Mediation
Richard and Florence’s Story
Richard and Florence had been devoted grandparents to their three grandchildren, aged 12, 8 and 5. They provided regular childcare and school pickups, and the children often stayed over in the holidays. When their son’s marriage to Emma broke down, things became complicated. The grandparents had helped their son with his legal fees, and Emma felt they had taken sides against her. She stopped all contact, and seven months passed, the longest they had ever gone without seeing the children.
Before applying to court, Richard and Florence attended a MIAM with Mediate UK. The mediator then invited Emma, who agreed to take part, partly because refusing mediation can look unfavourable if a case later reaches court. In her individual session, Emma explained her real concern: that the grandparents might speak negatively about her to the children during unsupervised visits.
In a joint session, Richard and Florence acknowledged Emma’s worries and agreed the children should never be drawn into adult conflict. Emma, who was struggling with childcare as a newly single parent, began to see that contact could be rebuilt without undermining her. Within a month they had agreed a stepping-stone plan: supervised visits at a park, then longer visits at the grandparents’ home, then unsupervised afternoons, and finally a return to regular childcare and occasional overnight stays, with clear ground rules around no discussion of the divorce.
“We were prepared to go to court and spend thousands of pounds. Mediation cost a fraction of that, worked much faster, and most importantly it helped heal the family rather than create more division.” — Richard
Family Law Service
Going to Court as a Grandparent?
Our sister service, Family Law Service, can complete your C100 application and prepare you for your CAFCASS interview, all at a fixed fee using family law experts. It takes the stress out of the paperwork so you can focus on the children.
How Do I Apply to Court for Grandparent Rights?
Step 1: Attend a MIAM
Before making a court application, you must attend a MIAM unless you qualify for one of the exemptions, such as domestic abuse or genuine urgency. At Mediate UK a MIAM costs £115 plus VAT. If mediation does not lead to agreement, you will receive a mediation certificate for £55 plus VAT, which you need for your court application. If mediation goes ahead, you may be eligible for the government’s £500 voucher scheme towards your joint sessions.
Step 2: Complete a C100 Application
The C100 application form is your formal request to the court. As a grandparent, you should:
- Ask for permission to apply, since you do not have an automatic right
- Explain your relationship with your grandchildren
- Describe how contact benefits the children, not just you
- Provide evidence of your existing or previous relationship
- Explain what has happened and why you cannot resolve it informally
The court application fee is currently £270, and you may qualify for help with court fees if you are on a low income or certain benefits. If you would like professional help, Family Law Service can complete the form for you at a fixed fee.
Because you usually need permission first, your C100 is normally accompanied by a supplementary Form C2, which is the application asking the court for leave to apply. Submitting the C2 alongside the C100 lets the court deal with permission and your contact application together, rather than as two separate steps.
“We always advise grandparents to frame their application around the children’s perspective. It is not about your right to see them, it is about what the children gain from having you in their lives. Courts want to see evidence of your bond, your involvement in their upbringing, and how you have positively contributed to their wellbeing.”
Jess Knauf, Director of Client Strategy, Mediate UK
Step 3: The Permission Hearing
Because grandparents do not have an automatic right to apply, the court first decides whether to grant permission, using the Section 10(9) factors set out earlier and the good arguable case test from Re J [2002] EWCA Civ 1346. If your application is genuine and there are no safeguarding concerns, permission is usually granted so the case can proceed.
Step 4: CAFCASS Involvement
Once your application proceeds, CAFCASS (the Children and Family Court Advisory and Support Service) carries out safeguarding checks. A CAFCASS officer may speak to everyone involved, including the children if appropriate for their age, and prepare a report with recommendations. The CAFCASS report carries significant weight in the court’s decision.
Step 5: Court Hearings
Family court is supportive rather than adversarial, and is focused on the best outcome for the children. The First Hearing Dispute Resolution Appointment (FHDRA) explores whether agreement can be reached. If there are allegations of harm, a fact-finding hearing may follow. If no agreement is possible, a final hearing takes place where a judge makes a decision. The court will weigh:
- The CAFCASS report and recommendations
- Evidence of your relationship with the grandchildren
- The children’s wishes and feelings, depending on age and understanding
- Any risks or concerns raised by either party
- The likely impact on the children of having, or not having, contact with you
Want to Restore Contact Without Going to Court?
Mediation helps many grandparents rebuild contact in weeks rather than months, and at a fraction of the cost of court. Book a MIAM to talk through your options, or arrange a free 15-minute call first.
What Type of Court Order Can Grandparents Apply For?
The right order depends on your circumstances. Most grandparents apply for a Child Arrangements Order for contact, but other options exist.
| Order | What It Does | When Grandparents Use It |
|---|---|---|
| Child Arrangements Order | Sets out who a child lives with or spends time with, and how often | The most common order, used to secure regular contact |
| Special Guardianship Order | Gives parental responsibility and day-to-day care until the child is 18 | Where a child needs long-term care outside the parents’ home |
| Specific Issue Order | Resolves a single question about the child’s upbringing | Rarely, for a specific dispute such as schooling or travel |
| Prohibited Steps Order | Prevents a specific action without the court’s permission | For example, to stop a planned move abroad with the children |
A Special Guardianship Order is a significant arrangement, so it is sensible to take independent legal advice before applying for one.
What Makes a Strong Grandparent Application?
Courts focus on what the children gain, not on the adults’ feelings. Understanding what helps and what hinders can make a real difference.
| Strengthens your case | Weakens your case |
|---|---|
| A close, established relationship with the children | Little prior involvement in the children’s lives |
| Evidence such as photos, cards, school reports and messages | No record of contact or attempts to keep in touch |
| Keeping the children out of adult conflict | Criticising the parents in front of the children or online |
| Showing you tried mediation before court | Going straight to court without attempting agreement |
| Focusing on the children’s benefit and wellbeing | Framing it around your own right to see them |
What Happens If Parents Do Not Follow the Court Order?
Once a court order is in place, parents must comply with it. If contact is still blocked, keep detailed records of every missed arrangement, then consider your options. Mediation can often resolve the practical problem first, but if breaches continue you can apply for an Enforcement Order.
| Enforcement Option | When It Is Used |
|---|---|
| Warning or referral to a programme | A first or minor breach |
| Unpaid work requirement | Repeated breaches without a reasonable excuse |
| Fine or compensation | Where the breach caused financial loss |
| Committal to prison | Extremely rare, for persistent serious breaches only |
Grandparent Rights in Scotland and the Push for Reform
This guide covers England and Wales. The position in Scotland is different: under the Children (Scotland) Act 1995, grandparents do not need the court’s permission before applying for contact. There is also a voluntary Charter for Grandchildren that encourages families to keep grandparents involved.
In England and Wales, campaigners have repeatedly called for the permission requirement to be removed, so that grandparents can apply for contact in the same way parents do. As of 2026, no change has been made, so the two-stage process still applies. We will update this guide if the law changes.
Staying Connected While You Work Towards a Solution
While you work towards restoring contact, indirect contact can help your grandchildren know you are still there for them.
Letters and Cards
Write regular, positive letters about what you have been doing and shared memories. Always keep copies, as they show your continued effort if you later go to court.
Gifts and Photographs
Small, thoughtful gifts and recent photographs help the children remember you and feel thought of.
Video Messages
If the parents are willing to pass them on, short, light video messages keep your connection alive.
Stay Informed
Where possible, keep up with the children’s lives through other family members, so you can pick things up naturally when contact resumes.
Looking After Yourself Through This
Being separated from your grandchildren can be a genuinely difficult experience. Talking to a counsellor who specialises in family issues, joining a support group for grandparents in a similar position, and staying connected with friends can all help. It also helps your case to avoid actions that make things worse, such as criticising the parents publicly or contacting the children in ways the parents have asked you not to. Keep records of your contact attempts, and consider fixed-fee legal advice so you understand your options and likely costs.
Alternatives to Court Proceedings
Court can be lengthy, expensive and stressful. Before going down that route, it is worth considering the alternatives:
- Family mediation: the most effective option for most families, with a high success rate, lower cost, faster resolution and more control over the outcome. At Mediate UK, around 90% of clients who attend joint sessions reach agreement
- Family group conferences: bringing wider family together to agree a plan, useful where several relatives are involved
- Collaborative law: both sides and their solicitors commit to reaching a settlement without court
- Arbitration: a private, binding decision from an appointed arbitrator, more flexible than court
Summary
Grandparent rights in the UK are not automatic, but you have clear options if you are being kept from your grandchildren. In most cases you first need the court’s permission to apply, which it decides using the Section 10(9) Children Act 1989 criteria and the good arguable case test. Some grandparents, such as those a child has lived with for three years, do not need permission at all.
The best approach is usually to start with calm communication, move to mediation if that does not work, and treat court as a last resort. Throughout, the court’s focus is the child’s welfare, so the strength of your case rests on the relationship you have built and your ability to show how contact benefits your grandchildren.
Frequently Asked Questions About Grandparent Rights
Do grandparents have an automatic right to see their grandchildren in the UK?
No. Grandparent rights are not automatic in England and Wales. In most cases you must first ask the court for permission to apply, and the court then decides any contact based on the child’s best interests. Courts do recognise the value of grandparent relationships and will support contact where it benefits the children.
Can a parent legally stop grandparents seeing the children?
Yes. A parent with parental responsibility can decide who their children spend time with, and can stop grandparent contact unless a court order requires it. If you are being unreasonably blocked, you can apply to court for permission to seek a Child Arrangements Order.
Do grandparents always need the court’s permission to apply?
Not always. You will usually not need permission if you already have a Child Arrangements (lives with) Order, if the child has lived with you for at least three years, or if everyone with parental responsibility consents. Otherwise, you apply for permission first, which the court decides using the Section 10(9) Children Act 1989 criteria.
What should I do if I cannot see my grandchildren?
Start by communicating calmly with the parents to understand their concerns. If that does not work, family mediation is the recommended next step, and it is much less stressful than court. If mediation fails, you can apply to the family court. You must attend a MIAM before making most court applications.
How much does it cost to apply for grandparent rights?
A MIAM costs £115 plus VAT at Mediate UK, and a mediation certificate is £55 plus VAT if mediation does not resolve matters. The court application fee is currently £270, with help with fees available on a low income. You may be eligible for the government’s £500 voucher towards joint mediation. Solicitor costs for a contested case vary widely, often £2,000 to £10,000.
How long does the court process take for grandparent rights?
Timescales vary, but the first hearing is usually 4 to 8 weeks after you apply. Straightforward cases can conclude in 3 to 4 months, while cases needing CAFCASS reports and several hearings can take 6 to 12 months or longer. Mediation typically reaches a conclusion much faster, often within 1 to 3 months.
Do I need a solicitor to apply to court as a grandparent?
No, many grandparents represent themselves successfully. Professional help can be valuable for completing forms correctly and understanding court procedure. Family Law Service offers fixed-fee C100 completion and CAFCASS preparation, and free guidance is available from organisations such as Citizens Advice and Support Through Court.
Is the law on grandparent rights different in Scotland?
Yes. In Scotland, under the Children (Scotland) Act 1995, grandparents do not need the court’s permission before applying for contact. This guide covers the position in England and Wales, where the permission requirement still applies.
What is a Form C2 and do grandparents need one?
A Form C2 is the application asking the court for permission (leave) to apply for an order. Because grandparents usually need permission first, the C2 is normally submitted alongside the C100, so the court can deal with permission and your contact application together rather than as two separate stages.
My son is not on the birth certificate. Can I still see my grandchild?
Yes. Your son not having parental responsibility does not stop you applying as a grandparent. If you are in contact with him, it often helps to work together, and he may be able to apply for parental responsibility and contact in his own right. Where mediation does not resolve matters, the parent and the grandparents usually make two separate court applications, not a single joint one.
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