At Maria Fogg Family Law, we understand how heartbreaking it can be for grandparents who are denied contact with their grandchildren. Family relationships are complex, and sadly, in the aftermath of separation, divorce, or family disputes, grandparents can sometimes become alienated. Fortunately, UK family law provides legal avenues for grandparents seeking to maintain or restore these precious connections.
Do Grandparents Have an Automatic Right to Contact?
Unlike parents, grandparents do not have an automatic legal right to see their grandchildren. However, the courts recognise the vital role grandparents often play in a child’s life. If an agreement cannot be reached informally, grandparents can apply to the Family Court for permission to seek a Child Arrangements Order under Section 8 of the Children Act 1989.
Learn more about automatic rights in our previous article, ‘What Parental Responsibility & Why is it Important?‘.
What Is a Child Arrangements Order?
A Child Arrangements Order sets out who a child should live with, spend time with, or otherwise have contact with. While parents usually initiate these orders, grandparents can also apply—provided they first obtain permission from the court, known as “leave to apply.”
What the Court Considers
When deciding whether to grant leave, the court considers factors such as:
- The nature of the grandparent’s relationship with the child
- Why the application is being made
- Whether the application might disrupt the child’s life
If permission is granted, the court will then assess whether regular contact is in the child’s best interests.
How to Apply for Contact
The application process involves two key steps:
- Applying for permission (if not already obtained)
- Applying for a Child Arrangements Order
These applications are made using forms C100 and C2, and usually involve attending a Mediation Information and Assessment Meeting (MIAM), unless exemptions apply.
What If the Parents Object?
If either parent contests the application, the court may ask for reports from CAFCASS (Children and Family Court Advisory and Support Service) to evaluate the child’s welfare and the potential impact of contact. While parents’ views are considered, the primary concern is always the child’s well-being.
Alternatives to Court
Court should be a last resort. We often help families explore alternative resolutions, such as:
- Mediation: A neutral setting to help resolve issues amicably
- Family Group Conferences: A structured meeting involving all key family members
We encourage cooperative solutions wherever possible, to reduce stress for all involved—especially the child.
How We Can Help
At Maria Fogg Family Law, we are experienced in supporting grandparents through this often emotional and delicate process. Whether you need legal advice, support with court applications, or guidance on mediation, we are here to help you rebuild your family bond.
View our child contact page for more insight.
Conclusion
Being cut off from your grandchildren can be one of the most painful experiences. But you don’t have to go through it alone. UK law acknowledges your important role, and at Maria Fogg Family Law, we’re committed to helping you navigate the legal process with compassion and clarity.
