Grandparents often want to know if they have a right to contact with children after parental divorce or separation.
A child needs a lot of support to stop them feeling upset or worried when their family has split up. Contact with grandparents can help. Find out how you can make an arrangement to see grandchildren if their family has broken up.
Things to think about when trying to see your grandchild
The best way for you to keep in touch with a grandchild whose parents have split up is to make arrangements informally.
It’s a good idea to try to chat face to face with the parents or get in touch with them by phone or letter first.
It may be helpful if you explain to the parents that, as a grandparent, you just want to keep in touch with your grandchild. If it’s possible, you could tell them that you don’t want to take sides – you only want to support the child.
You can suggest ways that you could see your grandchild now that their parents are living apart.
Bear in mind that the parents may have agreed or may be negotiating contact arrangements with their children themselves. You can ask if time with your grandchildren can be added to the agreement.
If you can’t agree with the parents
If the parents are in conflict or not allowing you contact, you can suggest mediation. A mediator is an independent professional who helps families reach agreements without going to court. Before applying to court, grandparents are usually expected to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies.
Mediation only works if everyone involved is willing to take part, so you will need the parents’ agreement to proceed. If one or both parents refuse to attend mediation, the mediator can issue a MIAM certificate confirming that mediation isn’t possible.
With that certificate, grandparents (or anyone else with a sufficient connection to the child) can still begin court proceedings.
Applying to court to see your grandchildren
If trying informal arrangements or using mediation don’t work, you can consider applying to a court.
Going to court should be your last resort. It’s time consuming and expensive. It can also be disruptive to the child. You should try every other option first.
While a court will recognise how important a grandparent is to a child, you don’t have an automatic right to apply for contact with grandchildren.
You will need to ask the court for permission to apply for contact first. You do this by completing a form C2 and returning it to a court that deals with family matters. You can do this yourself, but you may want to get some legal advice. If permission is granted, you can then apply for a Child Arrangements Order (using form C100).
What the courts will consider
When considering whether to give you permission to see your grandchild the court will look at:
- the details of your proposals
- your connection with the child
- any risk of disrupting the child’s life
- the wishes and feelings of the child’s parents
The court will always prioritise what is best for the child. Depending on their age and understanding, the child’s own feelings about contact with grandparents may also be taken into account, particularly if the child is older (usually around age 10+).
Jennifer Wiss-Carline is a practising Solicitor regulated by the SRA and a Chartered Legal Executive (FCILEx), bringing over two decades of experience to her practice. Specialising primarily in Private Client law, Jennifer expertly handles matters including Wills, Inheritance Tax and Estate planning, Lasting Powers of Attorney for individuals and businesses, Deputyship Orders and more.
