Grandparents Rights UK 2026 | Contact Orders & Legal Options

Losing contact with a grandchild is one of the most painful situations a family can face. Whether it follows a divorce, a family fall-out, a bereavement or a breakdown in your relationship with your own son or daughter, being cut off from a grandchild can feel devastating and unjust. Many grandparents assume the law automatically protects their relationship with a grandchild. In England and Wales, that is not quite how it works, but the law does provide a clear route to seek contact, and in many cases grandparents are successful.

This guide explains, in plain English, what legal rights grandparents actually have in 2026, how to apply for contact with a grandchild through the family court, what the court looks at when it makes a decision, and the practical steps you can take before things reach that stage. It reflects the law in England and Wales.

Do grandparents have automatic legal rights to see their grandchildren?

The honest answer is that grandparents do not have an automatic legal right to contact with a grandchild in England and Wales. This surprises many people, but the law is built around the welfare of the child rather than the rights of any particular adult. Parents with parental responsibility make day-to-day decisions about who their child sees, and that can include a decision to stop contact with a grandparent.

However, "no automatic right" does not mean "no rights at all". The family courts have long recognised the important role grandparents play in a child's life, and there is a well-established legal process that allows grandparents to ask the court to order contact. Courts are generally reluctant to cut a child off from a loving extended family without good reason, so a genuine, established relationship with a grandchild carries real weight.

The key point is this: while you may not have an automatic right, you do have a right to apply to the court, and the court has the power to make an order allowing you to see your grandchild.

What is a Child Arrangements Order?

The legal order that governs who a child lives with and who they spend time with is called a Child Arrangements Order, made under section 8 of the Children Act 1989. Since April 2014, this single order replaced what people used to call "contact orders" and "residence orders". Many grandparents still search for "grandparents' contact rights" or a "grandparents' contact order", but the correct modern term is a Child Arrangements Order.

A Child Arrangements Order can set out two things:

Who a child spends time with (previously called contact) – for example, regular visits, overnight stays, phone or video calls, or letters with a grandparent.
Who a child lives with (previously called residence) – relevant where a grandchild is going to live with a grandparent rather than a parent.

For most grandparents seeking to re-establish a relationship, the application is for an order specifying the time the child spends with them.

The two-stage process: why grandparents usually need permission first

This is the single most important thing for grandparents to understand. Certain people – such as a child's parents, guardians or step-parents with parental responsibility – can apply for a Child Arrangements Order automatically. Grandparents are usually not in that category, so in most cases the process has two stages.

Stage one: applying for permission (leave)

Because grandparents are not normally automatically entitled to apply, you generally have to ask the court for permission (known legally as "leave") to make the application. This is set out in section 10 of the Children Act 1989. In practice, permission is often granted, particularly where you have an existing and meaningful relationship with your grandchild.

When deciding whether to grant permission, the court considers factors set out in section 10(9) of the Children Act 1989, including:

The nature of the application you want to make;
Your connection with the child – for example, whether you have played a significant part in their life;
Any risk that the proposed application might disrupt the child's life to such an extent that they would be harmed by it.

A grandparent who has had a close, loving relationship with a grandchild, and who is simply seeking to continue it, is usually in a strong position at this stage.

Stage two: the substantive application

If permission is granted, your application for the Child Arrangements Order itself is then considered. At this stage the court's focus shifts entirely to the welfare of the child, which is the court's paramount consideration.

In some limited situations a grandparent can apply for an order without needing permission first – for example, where the child has lived with them for a qualifying period, or where everyone with parental responsibility agrees. A solicitor can quickly confirm whether the permission stage applies to your circumstances.

How the family court decides: the welfare checklist

When the court decides whether to make a Child Arrangements Order and what it should say, the child's welfare is the paramount consideration. The court works through the "welfare checklist" in section 1(3) of the Children Act 1989. This includes:

The wishes and feelings of the child concerned, considered in light of their age and understanding;
The child's physical, emotional and educational needs;
The likely effect on the child of any change in their circumstances;
The child's age, sex, background and any characteristics the court considers relevant;
Any harm the child has suffered or is at risk of suffering;
How capable each relevant adult is of meeting the child's needs;
The range of powers available to the court.

The court will also apply the "no order" principle – it will only make an order if doing so is better for the child than making no order at all. In practice, judges recognise that a strong bond with a grandparent is frequently a positive and stabilising influence in a child's life, and this is often reflected in the outcome.

Mediation: the step you usually must take before court

Going to court is not the first step and, in many cases, it can be avoided entirely. Before you can apply to the family court, you are normally required to attend a Mediation Information and Assessment Meeting (MIAM). This is a meeting with a trained family mediator who explains how mediation works and whether it might help resolve your situation without court proceedings.

Family mediation can be a far less stressful, quicker and less expensive way to rebuild a relationship with a grandchild. A neutral mediator helps the family discuss arrangements and, ideally, reach an agreement that everyone can live with – which is almost always better for the child than a contested court battle.

There are exemptions from the MIAM requirement, for example in cases involving domestic abuse or urgent risk to a child. If an exemption applies, you may be able to go straight to court. A solicitor can advise whether an exemption is relevant to you.

How to apply to court for contact with a grandchild

If mediation is unsuccessful or unsuitable, the route to court generally follows these steps:

Attend a MIAM (unless a valid exemption applies) and obtain the necessary confirmation.
Complete the court application form (Form C100), which is the standard form for applications concerning arrangements for children.
Apply for permission to make the application if, as is usual for grandparents, permission is required.
Pay the court fee. A fee is payable when you apply. Fees change over time, so check the current amount on gov.uk. You may be eligible for help with fees if you are on a low income or certain benefits.
Attend the first hearing (often called a First Hearing Dispute Resolution Appointment), where a Cafcass officer may be involved and the court will try to identify whether an agreement is possible.
Attend further hearings if needed, which may involve Cafcass reports, statements and, ultimately, a final hearing where the judge decides.

Cafcass (the Children and Family Court Advisory and Support Service) is an independent body that advises the court about what is safe and in the child's best interests. Their involvement is a normal part of the process.

When grandparents raise their grandchildren: Special Guardianship and kinship care

Seeking contact is very different from a grandchild coming to live with you full-time. Where a grandparent takes on the day-to-day care of a grandchild – often because the parents are unable to care for the child – there are specific legal options that provide greater security and legal authority.

Special Guardianship Orders

A Special Guardianship Order (SGO) appoints you as the child's special guardian and gives you enhanced parental responsibility, allowing you to make most day-to-day decisions about the child's upbringing without needing to consult the parents in the same way. It is designed to provide long-term stability while keeping a legal link to the birth family. SGOs are commonly used where grandparents are raising grandchildren.

Child Arrangements Order (living with)

A Child Arrangements Order stating that a child lives with a grandparent gives that grandparent parental responsibility for the duration of the order. This is often used where the arrangement is intended to be stable but not necessarily as permanent as special guardianship.

Kinship care and local authority involvement

"Kinship care" describes any arrangement where a child is raised by a relative, such as a grandparent, rather than by their parents. If social services (children's services) are involved, a grandparent may be assessed as a kinship carer or kinship foster carer. Financial and practical support can vary depending on the type of arrangement and the local authority, so it is important to get advice about your specific situation and what support you may be entitled to.

Common situations where grandparents seek contact

Grandparents come to us for help in a wide range of circumstances, including:

After a divorce or separation, where one parent restricts the child's contact with the other side of the family;
After a family disagreement with a son or daughter that has led to contact being stopped;
Following the death of a parent, where the surviving parent limits contact with the deceased parent's family;
Where there are welfare concerns about a parent, such as substance misuse or instability, and the grandchild needs a safe home;
Where a grandchild is being looked after by the local authority and a grandparent wishes to be considered as a carer.

Each of these situations calls for a slightly different legal approach, which is why early, tailored advice matters.

How much does it cost and is legal aid available?

The overall cost depends on whether your case settles through mediation or agreement, or whether it goes to a contested hearing. There is a court fee to make an application – check gov.uk for the current figure – plus any legal fees for advice and representation. Reaching an agreement early, whether directly or through mediation, is usually the least expensive route.

Legal aid for private family disputes is very limited. It is generally only available where there is evidence of domestic abuse or child protection concerns, and is subject to a means and merits assessment. Because eligibility rules and financial thresholds change, you should check the current position on gov.uk or ask a solicitor to assess whether you qualify.

Practical steps to protect your relationship with a grandchild

Before and during any legal process, there are things you can do that both help your grandchild and strengthen your position:

Keep the lines of communication open. A calm, non-confrontational approach to the parents is often more effective than a legal battle, and courts look favourably on grandparents who have tried to resolve matters reasonably.
Keep a record. Note the contact you have had, any messages, cards, gifts and attempts to see your grandchild. Evidence of an established, loving relationship is valuable.
Focus on the child, not the dispute. The court's only concern is the child's welfare, so demonstrating that your motivation is the child's happiness – not scoring points against a parent – is important.
Consider mediation early. It is quicker, cheaper and less damaging to family relationships than litigation.
Get legal advice sooner rather than later. Early advice can prevent mistakes and often opens up options you did not know you had.

Frequently asked questions about grandparents' rights

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

Grandparents do not have an automatic legal right to contact in England and Wales. However, they do have the right to apply to the family court for a Child Arrangements Order, and the court can order contact where it decides that is in the child's best interests. In most cases grandparents first need the court's permission to apply.

Can a parent legally stop grandparents from seeing a grandchild?

Yes. A parent with parental responsibility can decide who their child spends time with, and that can include stopping contact with a grandparent. But that decision is not the end of the matter – a grandparent can apply to the court, which has the power to override a parent's refusal if contact is found to be in the child's best interests.

How do grandparents apply for contact with a grandchild?

Usually you must first attend a Mediation Information and Assessment Meeting (MIAM). If court is necessary, you apply using Form C100, request permission to apply if required, pay the court fee, and attend a first hearing. Cafcass may become involved to advise the court on the child's welfare. A family solicitor can guide you through each stage.

Will grandparents win a contact case?

There is no guarantee, because every case turns on the welfare of the individual child. That said, courts recognise the value of a child maintaining a bond with loving grandparents, and grandparents with an established relationship are often successful. The court will refuse or limit contact where there is evidence it would not be safe or beneficial for the child.

What is the difference between a Child Arrangements Order and a Special Guardianship Order?

A Child Arrangements Order sets out who a child spends time with or lives with. A Special Guardianship Order goes further, appointing you as the child's special guardian with enhanced parental responsibility to make most decisions about their upbringing. Special guardianship is generally used where a grandparent is raising a grandchild long-term.

Can grandparents get contact if a grandchild is in care?

Yes, grandparents can ask to be considered as carers or to have contact where a grandchild is looked after by the local authority. If you want to care for the child, you can ask to be assessed as a kinship carer or special guardian. Early legal advice is essential in these cases because timescales set by the court can be tight.

Talk to MCR Solicitors about your grandparents' rights

Being separated from a grandchild is heartbreaking, but you are not powerless. The family law team at MCR Solicitors in Manchester has extensive experience helping grandparents rebuild and protect their relationships with grandchildren – from mediation and negotiation through to Child Arrangements Orders, Special Guardianship Orders and kinship care arrangements. We offer clear, compassionate and practical advice tailored to your family's situation.

To discuss your circumstances in confidence and understand your options, call MCR Solicitors today on 0161 466 1280. The sooner you seek advice, the more options you are likely to have.

Disclaimer: This article provides general information about the law in England and Wales and is correct to the best of our knowledge at the time of writing. It is not legal advice and should not be relied upon as such. Laws, court fees and procedures change, so always check the current position on gov.uk or seek advice tailored to your circumstances.

Grandparents Rights UK - Can You Get Contact with Grandchildren?