Can Grandparents Get a Child Arrangements Order in the UK?

Relationships between grandparents and grandchildren can be an important part of family life. But after a separation, divorce, disagreement or breakdown in communication between family members, grandparents can sometimes find themselves suddenly unable to see their grandchildren.

So what can a grandparent actually do?

In England and Wales, grandparents do not automatically have a legal right to see their grandchildren. However, that does not mean they have no legal options. Where an agreement cannot be reached within the family, a grandparent may be able to ask the Family Court for permission to apply for a Child Arrangements Order.

A Child Arrangements Order can determine who a child spends time with, where the child lives and how contact takes place. For grandparents, it is most commonly used to establish or restore contact with a grandchild.

Do Grandparents Have Legal Rights to See Their Grandchildren?

There is no automatic right in England and Wales giving grandparents contact with their grandchildren simply because they are grandparents.

This is one of the most misunderstood areas of family law.

Parents and people with parental responsibility have a different legal position. Grandparents will generally need to demonstrate why allowing them to make an application would be appropriate and, ultimately, why the proposed arrangement would support the child’s welfare.

That does not mean grandparents are excluded from the family court system.

The law allows wider family members to seek permission to apply for a Child Arrangements Order, and grandparents commonly use this route where meaningful contact with a child has broken down.

What Is a Child Arrangements Order for Grandparents?

A Child Arrangements Order is an order made under the Children Act 1989 dealing with arrangements concerning a child.

It can determine:

who a child lives with
who the child spends time with
when contact takes place
whether contact is direct or indirect
how communication such as telephone or video contact takes place

For a grandparent who is no longer being allowed to see a grandchild, an order may therefore establish a structured arrangement for spending time together.

Depending on the circumstances, this could involve regular face-to-face contact, occasional visits or indirect communication.

The precise arrangement will depend on what the court considers to be in the child’s interests.

Do Grandparents Need Permission From the Court?

In many cases, yes.

Unlike a parent with an automatic right to make certain applications, a grandparent will commonly have to ask the Family Court for permission, also known as leave, before proceeding with the substantive Child Arrangements Order application.

When deciding whether permission should be granted, the court can consider matters including:

the nature of the proposed application
the grandparent’s connection with the child
whether the application could disrupt the child’s life to an extent that might cause harm

The purpose of this stage is not simply to decide whether the grandparent wants contact. The court considers whether allowing the case to proceed is appropriate in the circumstances.

There are circumstances in which an individual may already fall within a category entitled to apply without first seeking permission, so grandparents facing a particular family situation should obtain advice on their position rather than assume that one process applies to every case.

Can Grandparents Apply for Custody of Their Grandchildren?

People still commonly search for “grandparent custody”, but English family law generally uses the terminology Child Arrangements Order rather than the older concepts of “custody”, “residence” and “contact”.

A Child Arrangements Order can specify that a child is to live with a particular person as well as spend time with another person.

That means the legal issue may go beyond grandparents simply wanting occasional contact.

For example, a grandparent may already be caring for a child because:

a parent is unable to provide day-to-day care
the child has lived with the grandparent for an extended period
there are serious difficulties within the parental home
family circumstances have changed unexpectedly

Cases involving a grandchild living permanently with a grandparent can raise different questions from ordinary contact disputes and may involve consideration of other legal arrangements, including Special Guardianship Orders, depending on the circumstances.

Professional advice is particularly important where grandparents are taking on a long-term parental role.

Should Grandparents Try Mediation First?

Court proceedings should not automatically be the first step.

Where it is safe and appropriate, grandparents may first try to restore contact through:

direct discussion with the parents
communication through solicitors
family mediation
a negotiated contact arrangement

A mediator does not decide who is right or wrong. Their role is to help family members explore whether an agreement can be reached without litigation.

Before many private family law applications are made, attendance at a Mediation Information and Assessment Meeting (MIAM) is normally required unless an exemption applies. Examples can include certain cases involving domestic abuse, urgency or safeguarding concerns.

Reaching an agreement outside court can sometimes preserve wider family relationships and give families greater flexibility over future arrangements.

However, mediation is not suitable for every case.

What Happens If the Parents Refuse Contact?

If discussions and appropriate dispute-resolution options do not resolve the situation, a grandparent may consider applying to the Family Court.

The usual process may involve:

1. Considering mediation

A MIAM will normally be required unless a recognised exemption applies.

2. Applying for permission where required

The grandparent asks the court for permission to pursue a Child Arrangements Order.

3. Making the Child Arrangements application

The application is generally made using Form C100. The form can also include the request for permission where necessary. HM Courts & Tribunals Service updated its C100 guidance in June 2026.

4. Safeguarding enquiries

Cafcass may carry out safeguarding checks and provide information to the court.

5. Court hearings

The court will examine the circumstances and consider whether agreement can be achieved or whether further evidence is required.

6. Final decision

If agreement is not possible, the court can determine what arrangements, if any, should be made.

The outcome is based on the child’s welfare rather than on establishing a legal entitlement for the grandparent.

What Will the Court Consider?

The child’s welfare is the court’s paramount consideration when determining arrangements concerning them.

The Children Act 1989 provides a welfare checklist that helps the court consider matters including:

the child’s wishes and feelings, considered in light of their age and understanding
physical, emotional and educational needs
the likely effect of changes in circumstances
age, background and other relevant characteristics
any harm the child has suffered or may be at risk of suffering
the ability of relevant adults to meet the child’s needs

In a grandparents’ case, the existing relationship between the grandparent and child can therefore be highly relevant.

A long-standing and supportive relationship may provide important context, but there is no automatic assumption that contact must be ordered simply because a close relationship previously existed.

Each case is considered individually.

Does the Child Get a Say?

Potentially, yes.

The child’s wishes and feelings can be considered as part of the court’s welfare assessment, but they do not automatically determine the outcome.

Greater weight may be placed on the views of an older or more mature child who has sufficient understanding of the circumstances.

The court must still decide what arrangement best promotes the child’s welfare overall.

What If There Are Safeguarding Concerns?

Safeguarding issues can significantly change how a Child Arrangements case is handled.

Where there are allegations or evidence involving matters such as:

domestic abuse
neglect
violence
substance misuse
coercive or controlling behaviour
risk of harm to the child

the court must consider those concerns carefully before making arrangements for contact.

Family Procedure Rules and Practice Direction 12J set out specific requirements where domestic abuse or harm is alleged in Child Arrangements proceedings.

Depending on the circumstances, the court may consider restrictions, supervised contact or other protective arrangements.

This is why grandparents should avoid treating a contact dispute as simply a disagreement between adults. The child’s safety and welfare remain central throughout.

Can Grandparents Maintain Contact After Their Child Divorces?

Yes, potentially.

A divorce or separation between the child’s parents does not itself terminate the relationship between grandparents and grandchildren.

Problems tend to arise when the grandparent’s contact depended heavily on one parent or when tensions following the separation affect wider family relationships.

Where possible, grandparents should avoid becoming involved in disputes between the parents and keep communication focused on the child.

If contact is stopped completely, mediation, solicitor-led negotiation or ultimately a Child Arrangements Order may provide a route forward.

Can Grandparents Apply If They Have Never Had Much Contact With the Child?

They may still be able to seek permission to apply, but the circumstances will matter.

The court can consider the strength and nature of the applicant’s connection with the child when deciding whether an application should proceed.

A grandparent who has cared for a grandchild every week for several years may therefore be in a very different factual position from someone who has had little previous involvement in the child’s life.

That is another reason why grandparents’ applications cannot be assessed using a single rule.

How Long Can a Child Arrangements Case Take?

There is no fixed timescale for every case.

Current GOV.UK guidance states that obtaining a court order can typically take around 10 months, although the actual length depends on the area, complexity of the dispute and individual circumstances.

Cases involving safeguarding allegations, expert evidence, multiple parties or disputed factual issues can take longer.

Where there is genuine urgency or a serious risk to the child, different procedures may be available.

Do Grandparents Need a Solicitor?

It is possible to make certain family court applications without legal representation, but grandparents’ cases can involve an additional layer of complexity because permission to apply may be required.

A family solicitor can help establish:

whether permission from the court is necessary
which application is appropriate
whether mediation should be attempted first
what evidence is relevant
how the existing grandparent-grandchild relationship should be presented
whether safeguarding concerns affect the application
whether another type of order may be more suitable

Obtaining advice early can also help avoid unnecessary proceedings where a negotiated solution remains possible.

How Arlingsworth Solicitors Can Help Grandparents

Losing contact with a grandchild can be extremely difficult, particularly when the breakdown results from circumstances beyond the grandparent’s control.

Arlingsworth Solicitors advises grandparents and other family members on disputes involving children, including applications concerning contact and living arrangements.

Our family law solicitors can help you understand whether a Child Arrangements Order for grandparents may be appropriate and guide you through negotiation, mediation or Family Court proceedings where necessary.

We can also advise on wider Child Arrangement Orders and other legal issues affecting children following separation or family breakdown.

If you are concerned about losing contact with your grandchild, obtaining advice at an early stage can help you understand the options available before the situation becomes more difficult.

Frequently asked questions

Can grandparents take parents to court to see their grandchildren?

Potentially. Grandparents who cannot reach an agreement may ask the Family Court for permission to apply for a Child Arrangements Order. Permission is required in many grandparents’ cases.

Do grandparents automatically have visitation rights in England?

No. There is no automatic legal right for grandparents to see their grandchildren in England and Wales. The court can nevertheless make arrangements for contact where appropriate.

Can a mother or father stop grandparents seeing their grandchildren?

A parent may stop informal contact, but that does not necessarily prevent a grandparent from exploring mediation or applying to the Family Court where appropriate.

What is the difference between grandparents’ rights and a Child Arrangements Order?

“Grandparents’ rights” is a commonly searched phrase rather than a specific automatic legal entitlement. A Child Arrangements Order is the legal mechanism that may regulate when and how a grandparent spends time with a child.

Can a grandparent have a child live with them under a Child Arrangements Order?

Potentially, yes. A Child Arrangements Order can determine both who a child lives with and who they spend time with. The appropriate order depends on the circumstances.

Does a grandparent need the parents’ permission to apply?

Not necessarily, but a grandparent will usually need permission from the court before making the substantive application unless they fall within a category that already has standing to apply.