What Rights Do Grandparents Have to See Their Grandchildren After Separation?

Author: Jannine Jenkins, Head of Family Department

When parents separate or divorce, it can affect the whole family, not just the couple involved. For many grandparents, seeing their grandchildren is an important part of everyday life. You may help with school runs, childcare, weekends, holidays or simply be a familiar and trusted part of your grandchild’s world. When contact suddenly changes or stops, it can feel upsetting, confusing and deeply worrying.

At JR Levins, we understand how difficult family changes can be. If you are a grandparent and you are worried about losing contact with your grandchildren after a divorce or separation, it can help to understand where you stand and what steps may be available to you.

Do grandparents have an automatic right to see their grandchildren?

In England and Wales, grandparents do not have an automatic legal right to spend time with their grandchildren if the parents separate. That can come as a surprise to many families. However, that does not mean grandparents have no options at all. It simply means the law does not treat a grandparent’s position in the same way as a parent’s. The court’s main concern is always the child’s welfare and what arrangements are in that child’s best interests.

This is an important point. The question is not whether a grandparent deserves contact, but whether maintaining or rebuilding that relationship is right for the child in the circumstances of that particular family.

Why grandparents are often so important

Grandparents can play a hugely valuable role in a child’s life. They may offer love, routine, support and stability, especially during difficult periods of family change. In some families, grandparents are also a practical source of help, whether that is regular childcare, emotional support or simply being a steady presence.

That is one reason why problems around grandparent contact can feel so distressing. A change in family relationships between adults can quickly affect a child’s connection with the wider family too. In some cases, contact is reduced gradually. In others, it stops altogether.

What should grandparents do first?

Where possible, the best starting point is often to try to resolve matters calmly and constructively without going to court. That may involve a careful conversation with one or both parents, keeping the focus on the child rather than adult disagreements. In many families, emotions run high after a separation, so it is often helpful to approach matters gently and avoid blame.

Mediation may also be worth considering. Family mediation gives families the chance to discuss arrangements with the support of a trained, independent mediator. It can be a useful way to open up communication and explore whether contact can be agreed without the stress, cost and uncertainty of court proceedings.

For many grandparents, this can be a sensible first step. It can also show that you have tried to deal with the situation in a reasonable and child-focused way.

What if agreement is not possible?

If informal discussions and mediation do not resolve things, the court may be able to help. In most cases, a grandparent would need to ask the court for permission before making a formal application for an order about spending time with a grandchild. That request is usually made as part of the same court application process used for a Child Arrangements Order.

That may sound daunting, but permission is not there to shut grandparents out. It is a way for the court to consider the circumstances before the case goes further.

What will the court look at?

The court will focus on the child’s welfare above all else. It will look at the family’s situation as a whole and decide what, if any, arrangements are in the child’s best interests. Depending on the case, that may include looking at the grandparent’s existing relationship with the child, the reasons contact has broken down, and whether an application is likely to be beneficial or disruptive.

In some situations, Cafcass may also become involved. Cafcass is the independent body that advises family courts in England about arrangements most likely to promote a child’s best interests, safety and wellbeing. Its role is not to take sides, but to help the court understand what is best for the child.

In some cases, the court process may also involve safeguarding checks and consideration of wider family circumstances. Every family is different, which is why tailored legal advice can be so important.

Is court always the right answer?

Not necessarily. Court can sometimes be needed, especially where contact has stopped completely and there is no realistic prospect of agreement. But it is not always the best or first solution. In many cases, a carefully handled early approach can make a real difference.

It is also important to remember that these cases can be sensitive. Grandparents understandably want to preserve their relationship with their grandchildren, but they may also want to avoid making matters worse between family members. A clear understanding of the legal position can help you decide on the most sensible and proportionate next step.

Why getting advice early can help

Many grandparents feel unsure about whether they should wait, keep trying informally or take legal advice straight away. There is no single answer that fits every family. The right course will depend on the history of the relationship, the age of the child, the reasons for the disagreement and whether there are any welfare concerns.

Speaking to a family solicitor early on can help you understand your options in plain English. It can also help you approach the matter in a way that is constructive, practical and focused on the child’s wellbeing. Sometimes that means support with an initial letter or discussion. In other cases, it may mean advice about mediation or the court process.

Speak to Jannine Jenkins

If you are a grandparent in Liverpool and you are worried about maintaining contact with your grandchildren after a divorce or separation, JR Levins’ Family team is here to help. We understand how upsetting these situations can be, and we offer clear, supportive advice to help you understand your options and decide what to do next.

 

To book a initial conversation, get in touch today. One of our team will take time to talk through your circumstances, explain the process and help you take the next step with confidence.