Grandparents Rights in the UK: How to Apply for Contact

No Automatic Rights

Grandparents have no automatic legal right to contact with their grandchildren in England and Wales. This surprises many people. However, the law recognises the importance of grandparent relationships and provides a mechanism for grandparents to apply to the court for contact.

The Leave Requirement

Before a grandparent can apply for a child arrangements order, they must first obtain the court's permission (called leave). The court will grant leave if it considers the application has a reasonable prospect of success. In practice, courts are generally willing to grant leave to grandparents who have had a significant relationship with the child.

The Application

Once leave is granted, the grandparent can apply for a child arrangements order in the same way as a parent. They complete Form C100 and attach details of their relationship with the child and the contact they are seeking. The court will then consider the application applying the welfare checklist.

What the Court Considers

The court will consider the nature of the relationship between the grandparent and the child, the child's wishes and feelings, the impact on the child of having or not having contact, and any concerns raised by the parents. The court will not grant contact simply because the grandparent wants it -- it must be in the child's interests.

The Practical Approach

Before going to court, grandparents should consider whether there are steps they can take to restore the relationship with the parent who is preventing contact. Mediation can sometimes resolve these disputes. Court proceedings are stressful and expensive and should be a last resort.