Grandparents’ Rights in England and Wales: Understanding Your Legal Position
Grandparents often assume they have an automatic legal entitlement to see their grandchildren. However, under the law in England and Wales, grandparents do not have an inherent right to contact simply because they are related to the child. Despite this, the family courts generally acknowledge the valuable role grandparents can play in a child’s upbringing and are unlikely to refuse contact unless there are compelling reasons to do so.
If communication between family members breaks down and an agreement cannot be reached privately, grandparents may ask the court to intervene by applying for a Child Arrangements Order (CAO). Before making the application itself, grandparents usually need permission from the court to proceed. A CAO can determine arrangements relating to where a child lives and who they spend time with.
In deciding whether to grant an order, the court will carefully examine the circumstances of the case, including the nature of the relationship between the grandparent and grandchild, the type of contact requested, and whether the proposed arrangements are in the child’s best interests. The welfare of the child will always be the court’s primary concern.
The court also follows the principle that it should avoid making unnecessary orders. This means an order will only be made where it is considered beneficial for the child. Where safeguarding issues arise, such as allegations of abuse or harmful behaviour, the court may restrict contact or require it to take place under supervision.
If an existing Child Arrangements Order is breached, the court can take enforcement action where appropriate. Depending on the circumstances, this may include parenting courses, financial penalties, unpaid work orders, or other sanctions.
In some cases, where parents are unable to provide care, grandparents may wish to explore longer-term legal options such as a Special Guardianship Order or adoption.
This article is intended for general guidance only and should not be relied upon as legal advice. If you require assistance regarding grandparents’ rights, Child Arrangements Orders, or any children law matter, please contact our family law team for tailored advice.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Trainee Solicitor
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
