Grandparents’ Rights and Child Arrangements
At Arlingsworth Solicitors, we understand how important the relationship between grandparents and grandchildren can be.
When families go through separation, divorce, or conflict, grandparents can sometimes lose contact with their grandchildren. This can be distressing for everyone involved.
Although grandparents do not have automatic legal rights to see their grandchildren under UK law, there are legal routes available to maintain or restore contact.
Our family law team provides clear, practical advice to help grandparents understand their position and take the right steps to protect their relationship with their grandchildren.
What Is a Child Arrangements Order?
A Child Arrangements Order is a court order that sets out:
- Where a child lives
- Who the child spends time with
- How and when contact takes place
For grandparents, this usually relates to securing regular contact with their grandchildren, whether through visits, phone calls, or other forms of communication.
Once in place, the order is legally binding and must be followed by all parties involved.
Can Grandparents Apply for a Child Arrangements Order?
Yes, grandparents can apply for a Child Arrangements Order.
However, unlike parents, grandparents do not have an automatic right to apply. In most cases, they must first ask the court for permission before making a formal application.
The court will usually grant permission if:
- There is an existing relationship between the grandparent and the child
- The application is considered to be in the child’s best interests
In some situations, permission may not be required, such as where the child has lived with the grandparent for a significant period or where all parties agree.
Do You Need to Go to Court?
Before applying to court, grandparents are generally expected to try to resolve matters through:
- Direct discussion with the parents
- Mediation
Mediation can be an effective way to reach an agreement without the need for court proceedings and is often encouraged as a first step.
If an agreement cannot be reached, a court application may be necessary.
What Will the Court Consider?
When deciding whether to grant a Child Arrangements Order, the court’s primary concern is always the child’s welfare.
The court will consider:
- The child’s emotional and physical wellbeing
- The nature of the relationship with the grandparent
- The potential impact of contact on the child
- The child’s wishes, depending on their age and understanding
If the court believes that maintaining a relationship with the grandparent is beneficial, it is more likely to grant contact.
What If Contact Is Being Denied?
If you have been prevented from seeing your grandchildren, it is important to act carefully and strategically.
Taking the right legal steps early can:
- Strengthen your position
- Reduce conflict
- Improve the chances of a positive outcome
Our solicitors can guide you through the process, from initial advice and mediation to court applications where necessary.
How Arlingsworth Can Help
At Arlingsworth Solicitors, we provide expert legal support to grandparents seeking contact with their grandchildren.
We can assist with:
- Advising on your legal rights and options
- Preparing and submitting court applications
- Representing you in child arrangements proceedings
- Supporting you through mediation and negotiations
- Ensuring the child’s best interests remain central throughout
We understand that these cases are often emotional and sensitive. Our approach is always practical, strategic, and focused on achieving the best outcome for you and your family.
Need expert legal advice?
Our dedicated family law team is ready to support you. Contact us today for clear, compassionate, and professional guidance on securing a Child Arrangement Order.
FAQs on Child Arrangement Orders for Grandparents
Grandparents do not have automatic legal rights to see their grandchildren. However, they can apply to the court for a Child Arrangements Order to secure contact if it is in the child’s best interests.
In most cases, yes. Grandparents must first ask the court for permission before making an application. Permission is usually granted if there is an existing relationship with the child and the application is reasonable.
Not always. Grandparents are usually expected to try mediation first to resolve disputes. If an agreement cannot be reached, then a court application may be necessary.
The court’s main priority is the child’s welfare. It will consider the child’s emotional needs, their relationship with the grandparent, any risks involved, and the overall impact of contact on the child’s wellbeing.
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