Grandparents play an invaluable role in a child's life, offering love, support, and stability. However, when family relationships break down - whether due to divorce, separation, or disputes - grandparents can find themselves cut off from their grandchildren.

Many grandparents in the UK are unaware of their legal rights when it comes to maintaining contact.

At Fonseca Law, expert family law solicitors in Ebbw Vale, South Wales, we regularly advise grandparents on their legal options.

Through this guide, we will explain what you need to know about grandparents’ rights and what options you have available to you when it comes to seeking access to your grandchildren under UK law.

Do grandparents have legal rights to see their grandchildren in the UK?

Unfortunately, grandparents do not have an automatic legal right to see their grandchildren in the UK. The law prioritises parental rights, meaning that unless both parents agree, grandparents must seek permission from the court to apply for contact.

Steps to take if you are denied access to your grandchildren

If you find yourself unable to see your grandchildren, there are several legal and practical steps you can take:

1. Attempt to resolve the dispute amicably

The first step is to try and resolve the situation directly with the parents. Open communication is often the best way to reach an agreement without legal action.

2. Consider family mediation

Mediation is a legal requirement before making a court application unless an exemption applies (such as cases involving domestic abuse). Family mediation can help resolve disputes amicably and is often a quicker and less stressful alternative to court proceedings.

Read: Exploring the role of mediation in resolving family law disputes

3. Applying for a Child Arrangements Order

If mediation is unsuccessful, grandparents can apply for a Child Arrangements Order (CAO) through the Family Court to secure contact. However, unlike parents, grandparents must first seek leave (permission) from the court before making this application.

How to apply for a Child Arrangements Order as a grandparent

Step 1: Apply for permission

Since grandparents do not have automatic legal rights, they must first apply to the court for permission to seek contact.

When assessing this request, the court considers:

• The nature of the relationship between the grandparent and the child.
• The reason for the application.
• Whether the application might be harmful to the child’s well-being.

Step 2: Apply for the Child Arrangements Order

If permission is granted, the next step is to apply for the Child Arrangements Order.

This can grant:

• Regular face-to-face contact.
• Indirect contact (letters, phone calls, video calls, etc.).
• Overnight stays or holidays.

How does the court decide on grandparents' access?

The Children Act 1989 states that the child’s welfare is the court’s paramount consideration.

When deciding, the court considers:

• The wishes and feelings of the child (depending on age and understanding).
• The child’s physical, emotional, and educational needs.
• The likely effect of any changes in circumstances.
• Any risk of harm.
• The capability of all parties to meet the child’s needs.

Can a parent block grandparents’ access?

Parents can object to the application, but the court will assess whether contact with the grandparent is in the child's best interests. If the court finds that maintaining a relationship would benefit the child, a Child Arrangements Order is likely to be granted despite parental objections.

What happens if the parents ignore a court order?

If a parent refuses to comply with a Child Arrangements Order, they could face:

• Enforcement proceedings in court.
• Fines or community service.
• In extreme cases, changes to the child’s living arrangements.

Special cases: When grandparents have parental responsibility

In some cases, grandparents may seek Parental Responsibility for their grandchildren, especially if the child’s parents are unable to care for them.

This may be necessary in situations involving:

• Neglect or abuse.
• Parental incapacity due to illness, addiction, or imprisonment.
• The death of both parents.

Legal options include:

• A Special Guardianship Order (SGO), which gives legal responsibility for the child.
• A Child Arrangements Order for residence, allowing the child to live with the grandparent.
• An Adoption Order, in cases where parents cannot resume care.

Read: Understanding family law

Although UK law does not automatically grant grandparents rights to see their grandchildren, there are legal avenues available. If you have been denied access, it is crucial to explore options such as mediation, legal applications for a Child Arrangements Order, and, in some cases, Parental Responsibility Orders. Seeking expert legal advice can help you navigate the process effectively.

At Fonseca Law, we understand the emotional toll these situations take on families. Our experienced family law solicitors in Ebbw Vale, South Wales, are here to help you explore your rights and act where necessary.

Contact us today for expert legal guidance on securing access to your grandchildren.