Grandparents' Rights: Contact with Grandchildren After Separation

Last reviewed: 31 August 2026. Informational only — not legal advice.

The honest starting point

UK law gives no automatic legal rights to grandparents. You cannot simply apply for a child arrangements order as of right — but that does not mean you are powerless. Courts consistently recognise that grandparents often play a valuable role in children's lives, and grandparent applications are granted permission (leave) far more often than not, particularly where there was a meaningful existing relationship.

Step 1: Try everything before court

Before any application, and before any permission hearing:

Write to the parents — a calm, non-blaming letter expressing what you'd like (e.g. fortnightly visits) and asking for a conversation. Keep a copy.
Offer mediation — grandparents can attend mediation with parents; it is often the fastest and cheapest route.
Ask the parent you're on good terms with to facilitate contact — a grandparent seeing the child during one parent's time is common and uncontroversial.
Be patient but consistent. Repeated unreasonable demands harden positions; warm, low-pressure persistence works better.

Only when all reasonable routes fail should you consider court.

Step 2: Getting permission to apply

Grandparents apply using the C100 form with an additional section asking the court for leave to apply (C100 Part B / the "permission" section). The court will grant permission if there is a real connection with the child and the application has merit.

You'll also need to satisfy the MIAM requirement (or claim an exemption — see the mediation guide), and note the application fee unless an exemption applies.

Who does not need permission: a parent, a guardian, a step-parent who has lived with the child for 3+ years, a person with a child arrangements "lives with" order, and holders of certain parental responsibility. If you fall into one of these categories, you apply directly.

Step 3: The application and hearings

Once permission is granted, your case follows the same route as any child arrangements case:

1. FHDRA — first hearing; Cafcass safeguarding checks; possible agreement. 2. Reports — possibly a Section 7 report if there are welfare issues. 3. Final hearing if no agreement — decided on the child's welfare checklist, not on anyone's "rights".

A tip: where possible, frame your application as supporting the child's relationship with both sides of the family, and be prepared to be flexible — supervised contact to begin with, or contact alongside a parent, is often the realistic ask.

What courts actually decide

The court's only question is the child's welfare. Judges ask:

What does the child need, and what relationships matter to them?
Was there a genuine existing relationship with you, and would losing it harm them?
Can arrangements work practically (distance, age, routines)?
Are there safeguarding concerns (allegations will be checked by Cafcass)?

Outcomes range from defined contact (weekends, holidays, video calls) to indirect contact (letters, gifts, photos) where relationships are strained.

Special situations

A parent has died: the surviving parent's decisions carry weight, but courts can grant contact with paternal/maternal grandparents if it serves the child — especially if you were a primary carer figure.
The child has been taken abroad: urgent advice is essential; see a solicitor or the Reunite organisation immediately.
Care proceedings: grandparents can be assessed as kinship carers and should tell the local authority and the children's guardian early.
Family breakdown with allegations against you: expect Cafcass scrutiny; gather character references and any historical evidence of your caring role.

Common mistakes

Going to court while relations are still recoverable.
Making the case about the parents' behaviour rather than your relationship with the child.
Giving up after one refusal to engage — courts expect persistence through reasonable channels first.
Forgetting the MIAM requirement on the C100.

Related guides

Sources: Children Act 1989 ss.8 and 10; FPR 2010 Part 12; Family Mediation Council guidance. Law and fees change — check GOV.UK before applying.