Grandparents' Rights During Divorce and Separation in the UK | LegalDocuments.co.uk

Overview

The phrase 'grandparents' rights' is a bit of a misnomer in English and Welsh law. Grandparents do not hold automatic parental rights in the way that mothers and most fathers do. Instead, what exists is a framework under the Children Act 1989 that allows people with a genuine interest in a child's welfare, including grandparents, to ask the court to make orders about the time they spend with that child.

In most cases a grandparent first needs the court's permission (leave) to apply, and then a separate decision is made on whether contact is in the child's best interests. The child's welfare is always the court's paramount concern. That single principle shapes everything: how judges weigh arguments, what evidence matters, and why a history of meaningful involvement with the grandchild tends to carry weight.

Before court, though, the expectation is that families will try to resolve matters between themselves, usually through conversation first and then mediation if needed. The court is the last resort, not the first.

Key steps

1. Start with a direct conversation. Before anything formal, try to speak with one or both parents about maintaining contact. Keep the focus on the grandchild rather than on grievances between the adults. Many disputes soften when grandparents make clear they want to support, not interfere, and an informal arrangement avoids the cost, delay and strain that legal routes bring with them.
2. Consider family mediation. If direct conversation stalls, a trained family mediator can help both sides talk productively in a neutral setting. Mediation often uncovers workable compromises, such as shorter visits, supervised time, or video calls, that parents might resist in court but accept around a table. It's also a required step before most family court applications involving children.
3. Attend a MIAM. A Mediation Information and Assessment Meeting is usually mandatory before applying to court. At the MIAM, a mediator explains the process and assesses whether your case is suitable for mediation. Even if the other party refuses to take part, attending the MIAM yourself produces the certificate the court will expect to see with your application.
4. Apply for permission and a Child Arrangements Order. Grandparents normally need to apply for leave (permission) to bring a case, then apply for a Child Arrangements Order setting out contact. This is done on form C100. Court fees apply, so check gov.uk for the current amount. Fee exemptions may be available on low income or certain benefits.
5. Prepare your evidence carefully. The court will want to understand your existing relationship with the grandchild, the reasons contact has broken down, and why renewed contact would serve the child's welfare. Photographs, messages, school pick-up history and evidence of regular care all help. Keep your account measured and child-focused; hostility towards the parents rarely helps your case.

Common questions