At Spire Solicitors LLP, we often speak to grandparents who find themselves in the heartbreaking position of being estranged from their adult child and, as a result, cut off from their grandchildren. This can be a deeply emotional and distressing experience, especially when a previously close relationship is suddenly lost.

Understandably, many grandparents want to know what legal rights they have and what steps they can take to stay involved in their grandchildren’s lives.

Do Grandparents Have a Legal Right to See Their Grandchildren?

In England and Wales, grandparents do not have an automatic legal right to see their grandchildren. This can come as a shock to many, particularly in situations where they have played a key role in their grandchildren’s upbringing.

However, this does not mean all is lost. While grandparents do not have an automatic right, the law recognises the importance of maintaining family relationships wherever possible – including between grandparents and grandchildren.

Applying to the Court for Spend Time With Arrangements

If an agreement cannot be reached informally with the child’s parent(s), grandparents may apply to the Family Court for permission to make an application for a Child Arrangements Order under section 8 of the Children Act 1989. This order can set out arrangements for spending time between a child and their grandparent(s).

This is a two-step process.

First is the permission stage. Grandparents must first apply for leave (permission) from the court to make an application. The court will consider factors such as:

~The nature of the relationship between the grandparent and grandchild.

~The reason for the application.

~Any potential impact on the child.

~Whether the application is being made in good faith.

Secondly, if permission is granted, grandparents can then apply for a Child Arrangements Order. The court will make a decision based on what is in the best interests of the child.

Mediation and Reconciliation

Before court proceedings are considered, grandparents are usually expected to attend a Mediation Information and Assessment Meeting (MIAM). This is a chance to explore whether issues can be resolved through discussion rather than litigation.

Mediation is often a more amicable and cost-effective route, and it can help repair fractured family relationships, especially if the estrangement is recent or linked to a specific dispute.

Can Estranged Grandparents Still Be Granted Spend Time Arrangements?

Yes – courts do grant spend time arrangements to grandparents, particularly where there is evidence of a meaningful, positive relationship with the child and where contact is considered beneficial. The wishes and feelings of the child, their welfare, and the family circumstances will all be carefully considered.

While it is not guaranteed, the court does recognise the value grandparents can bring to a child’s life, especially where they offer emotional support and a stable presence.

What If the Child Is in Care or Adopted?

Different rules apply if a child is in the care system or has been adopted. In those cases, grandparents may still be able to apply for contact, but the process and prospects of success will vary depending on the individual circumstances.

It’s important to seek legal advice early to understand your position and options.

How Spire Solicitors Can Help

Being estranged from your child and unable to see your grandchildren is incredibly difficult. At Spire Solicitors LLP, our Family Law team can guide you through your options with sensitivity and clarity.

Whether you’re seeking legal advice, assistance with mediation, or wish to make an application to court, we are here to help. We’ll take the time to understand your unique circumstances and support you in taking the next steps with confidence.

Get in touch on 01953 606351 or email info@spiresolicitors.co.uk to speak to a member of our friendly and experienced Family Law team.