Family Law - Grandparents Rights
Grandparents’ Rights Lawyers
The McAlister Family Law Children team helps grandparents understand their grandparents’ rights and maintain contact with their grandchildren following:
- Divorce
- Separation
- Other family estrangements
We help families reach productive agreements with the relevant parties as a result of a constructive and collaborative process.
If needed, we can also provide legal advice and present options to grandparents seeking further action in relation to their grandchildren.
It is a sad fact that when parents separate, disputes in relation to children of the family can not only include estrangement from a parent but, extend to wider family members and particularly grandparents who can often be stuck in between parent’s arguments.
Increasingly, grandparents play greater roles in the care of their grandchildren as hard-pressed parents juggle busy home and work lives which is why understanding grandparents’ rights is more important than ever.
When a relationship breaks down, the impact on a grandparent can be much greater than might have been the case in previous years. All through no fault of their own and can impact a child’s emotional well-being. It is important to get advice at an early stage to ensure the relationships and existing arrangements are maintained.
If a parent is obstructing your relationship with a grandchild, you may be able to get an order to maintain your contact to retain a strong family relationship, which is deemed to be crucial to the lives of children.
Knowing Your Grandparents’ Rights
Legally speaking, there are no automatic rights for grandparents, as usually, grandparents do not have “parental responsibility” in the same way a parent acquires it.
Although they might acquire it through court proceedings if a parent is unable to care.
However, the family court recognises that it is in a child’s best interests to maintain good relationships with close family members, particularly grandparents, even if the parent of the child cannot.
As such, a court order called a Child Arrangements Order may be obtained to protect such relationships.
Do Grandparents’ Rights Include the Right to See a Grandchild?
Grandparents do not have an automatic right to see a grandchild.
Whatever the relationship between estranged parents, it is important to step back and try to avoid becoming involved in any disagreement, which is hard to do when it is your own child involved.
Maintaining good relationships with the other parent goes a long way in avoiding difficulties further down the line.
What is Parental Responsibility?
All mothers and most fathers have parental responsibility which refers to the legal rights and responsibilities of a parent in respect of a child, the most important of which is to provide a home and protect and look after a child.
When parents or carers of a child cannot agree with respect to exercising parental responsibility, such as in the relation to what school a child should attend or whether it should have medical treatment, the court can be asked to make a Specific Issue Order.
Having parental responsibility does not confer “rights” to see a child, as the right to know a parent belongs to a child themselves.
A grandparent would not usually have parental responsibility and may acquire it. For example, if it were to obtain an order to care for a child in the placement of a parent, for whatever reason.
Can a Grandparent Apply to the Family Court to See a Grandchild?
Yes, but grandparents do not have an automatic right to apply to the court to see a grandchild in the same way as a parent may apply to see and spend time with their own child.
However, the family court would rarely refuse permission (or leave) for a grandparent to make an application, providing there is no good welfare reason why it should not and that they can show a close and enduring relationship exists.
Also, as a family member, permission is not required if a child has lived with a grandparent for a period of one year prior to the application being made.
How Can I Apply to See My Grandchild if I’m Being Prevented from Doing So?
It is important to obtain advice early on from an experienced child and family lawyer.
Time can be of the essence and leaving matters too long can engrain difficult circumstances.
Unless there are urgent circumstances, getting an initial court hearing will take around 1-3 months to be arranged and as a first step, you will be required to attend a Mediation Information and Assessment Meeting (MIAM) to see if it is possible to resolve matters with the assistance of a mediator, unless an exemption applies.

What Orders Can the Family Court Make?
The court could make a Child Arrangement Order for a grandchild to spend time with a grandparent, in the same way as it could for a parent.
Each family is different though and as such, no two cases are the same.
Just because you may have heard that one grandparent has obtained a certain order, it doesn’t necessarily follow that you will.
I Look After My Grandchild Because the Parents Cannot, Where Can I Get Help?
When a parent or parents are unable to look after their own child then the local authority social services are obliged to first consider whether a family member is able to care for a child, rather than looking outside the family for a foster carer or even adoptive placement, which are the last resort.
Grandparents often find themselves as the first port of call.
When a child is placed to live with a family carer who is a relative or friend of their own parents, the carers are often referred to as kinship carers. A large proportion of kinship carers are grandparents who often find that just when their days of caring for their own children are over, they are required to start again.
Being a kinship carer is a rewarding but difficult task and you may need advice on securing the best arrangement you can in the event that you are asked to care for a child of the family by social services.
The best arrangement for your grandchild may require obtaining advice with respect to the type of court order needed to protect your grandchild’s placement with you or securing financial support so that you are able to give up work to look after a grandchild as an alternative to them being placed outside the family.
Get in Contact with Our Grandparents’ Rights Law Experts Today
Our team helps families resolve issues over child contact arrangements and supports families to grow through surrogacy, donor conception, and adoption. We are home to the most specialist children’s law team in the country, so you can rest assured that we can help you.
To speak with one of our lawyers, call us on 0333 202 6433 or email us at [email protected].