You Are a Grandparent Wanting Contact With Your Grandchild
Grandparents have no automatic legal right to contact with their grandchildren in England and Wales. They must first obtain the court's permission (leave) before applying for a child arrangements order. The court considers the nature of the connection with the child and any risk of disruption to the child's life.
Quick Answer
Grandparents have no automatic right to contact under English law. Before applying for a child arrangements order under Children Act 1989 s.8, a grandparent must seek the court's leave under s.10(9). The court considers the grandparent's connection with the child, the nature of the application, and any risk of disruption to the child.
Full Explanation
Unlike parents, grandparents do not automatically have parental responsibility or a right to apply for a child arrangements order. Under Children Act 1989 s.10(1)(b), certain persons — including grandparents — need the leave (permission) of the court before they can apply for a s.8 order.
When deciding whether to grant leave under s.10(9), the court considers: the nature of the proposed application; the applicant's connection with the child; any risk that the application would disrupt the child's life to such an extent that it would be harmful; and, where the child is being looked after by the local authority, the local authority's plans for the child's future. The leave threshold is relatively low — courts recognise the importance of the wider family — but leave will be refused if the application appears to have no reasonable prospect of success or would cause harm to the child.
Once leave is granted, the grandparent applies for a child arrangements order specifying that the child should spend time with them. The child's welfare is the paramount consideration under s.1(1). The court applies the welfare checklist in s.1(3), including the child's wishes and feelings, the child's physical and emotional needs, and the likely effect of any change in the child's circumstances.
Before issuing any proceedings, grandparents should attempt direct contact with the parents and consider family mediation. Many disputes about grandparent contact are resolved without court intervention, particularly where a neutral mediator facilitates communication.
CAFCASS may prepare a safeguarding letter and, in contested cases, a full welfare report. Grandparents are not entitled to public funding (legal aid) for private law applications (save in exceptional circumstances), so the cost of proceedings must be borne privately.
Legal Basis
- §Children Act 1989 s.8 — child arrangements order
- §Children Act 1989 s.10(1)(b) — grandparents require leave of court to apply
- §Children Act 1989 s.10(9) — factors for granting leave
- §Children Act 1989 s.1(1) — welfare of the child is paramount
- §Children Act 1989 s.1(3) — welfare checklist
What To Do
Attempt Direct Contact With the Parents
Write to the parents explaining that you wish to maintain a relationship with the grandchild. Be specific about the contact you are seeking. Keep a record of all correspondence and any responses. Courts look favourably on grandparents who have genuinely tried to resolve the matter without litigation.
Attend a Mediation Information and Assessment Meeting (MIAM)
Before applying to the court, you must attend a MIAM (unless exempt). A mediator will explain the mediation process and assess whether it is suitable for your case. Mediation can help re-establish contact without the cost and stress of court proceedings.
Apply for Leave to Apply for a Child Arrangements Order
If mediation fails, apply to the Family Court for leave to apply for a child arrangements order under s.10(9) (Form C100 with leave application). In your supporting statement, emphasise your prior relationship with the grandchild, any caring role you have played, and the benefit of continued contact.
Apply for the Child Arrangements Order Once Leave Is Granted
If the court grants leave, proceed with your application for a child arrangements order specifying the time and nature of contact — whether direct (in person) or indirect (letters, video calls). Consider whether you are seeking staying contact or visiting contact only.
Engage With CAFCASS and Attend the Final Hearing
CAFCASS will conduct safeguarding checks and may prepare a welfare report. Cooperate fully. At the final hearing, the judge will decide what arrangements, if any, are in the child's best interests.
Important Deadlines
Important Warnings
Court proceedings can be costly and damaging to family relationships — exhaust all alternatives before issuing proceedings.
Where domestic abuse is alleged, CAFCASS and the court will follow the Domestic Abuse Practice Direction (PD12J) before making any contact arrangements.
If you are refused leave, the court's refusal does not mean you can never apply again — a material change in circumstances may justify a fresh application.