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Grandparents Access

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Grandparents

Grandparents play an important role in the lives of their grandchildren, so when the child’s parents separate or divorce, it can have a profound effect on grandparents too.

It’s usually a positive thing if grandparents can stay in touch with their grandchildren, and family mediation can play a part in ensuring this happens.

Children benefit from reassurance in times of change and they need to know:

  • It is not their fault
  • They are loved, and
  • They have someone to talk with about their feelings.

Children may feel they are to blame for adult disagreements and a grandparent may help the children in their families understand the changes they are experiencing are not their fault.  It is important to remember they may feel conflicting loyalties – listening without criticising either parent will help them to continue to talk about their feelings.

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Grandparents Access to their Grandkids - Family Law Mediation

How Family Mediation Can Help

Grandparents have no automatic right to be part of their grandchild’s life, but family mediation can help reduce conflict between family members after separation or divorce. It’s often the best way to resume contact and secure the relationships you’ve worked hard to build up with your grandchildren.

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Frequently Asked Questions

Do grandparents have legal rights to see their grandchildren?

Grandparents in England and Wales do not have an automatic legal right to see their grandchildren. However, the family courts do recognise the important role grandparents often play. If contact is denied, you may apply for permission to ask the court for a Child Arrangements Order.

Do I need permission to apply to court as a grandparent?

Yes. Grandparents must first apply for permission (leave) from the court before making an application for contact. This step ensures the court filters out any cases that are not in the child’s best interests. Once granted, you can then apply for a court order to see your grandchildren.

Will my grandchild have to attend mediation or court?

In most cases, children do not attend mediation sessions. The process is designed to keep children out of the direct conflict between adults. If a court hearing is necessary, a judge may request input from CAFCASS or other professionals to understand the child’s wishes but children rarely attend court themselves.

Can mediation still happen if the parents refuse contact?

Yes. Family mediation can still be arranged even if one or both parents have refused contact. A qualified mediator can invite all parties to participate. While no one can be forced to mediate, the process can help resolve issues without going to court and demonstrates a willingness to reach an agreement.

Can I still see my grandchildren if the parents are separated or divorced?

Separation or divorce between the parents does not automatically prevent grandparents from seeing their grandchildren. However, if one parent restricts contact, you may need to explore mediation or, if necessary, apply for a court order. Mediation is usually required before a court application.

What rights do I have if my grandchild is in foster care?

If your grandchild is in foster care, your rights are limited. You may still be able to request contact through the local authority or apply to the court for contact arrangements. The court will prioritise the child’s welfare when deciding whether to allow this.

Do I have any rights if my grandchild has been adopted?

Once a child is adopted, the legal relationship with their birth family including grandparents ends. This means you no longer have a legal right to contact. In some cases, adoptive parents may agree to maintain informal contact but this is at their discretion and not legally enforceable..

Can I apply for a residence order as a grandparent?

Yes, in certain circumstances. A grandparent can apply for a Child Arrangements Order stating that the child should live with them. You will need to obtain the court’s permission first. These applications are often considered when there are concerns about a child's care or safety.

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01164 422 989

Family Law Mediation Leicester (Head Office)

First Floor

60 Charles Street

Leicester

LE1 1FB

hello@familylawmediation.co.uk

Opening Times

Monday to Friday 9am to 5pm

Weekend appointments are available on request

*We can offer a limited number of pre-arranged mediation sessions outside of office hours subject to agreement and availability. All mediation sessions are held either at our offices or remotely via video conferencing software e.g. Zoom.

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