Should grandparents have a legal right to see their grandchildren? It is a question being asked increasingly across the UK — particularly following family breakdowns where contact with grandchildren is suddenly lost.
This issue was recently discussed on BBC Radio Leeds, where Chris Burns, Head of Family (North) at Flint Bishop, was invited to share his expert insight during a live radio interview. Drawing on his wide experience advising families across Yorkshire and the North, Chris explained the current legal position for grandparents, the options available through the courts, and why a child’s welfare must always come first.
Following that radio discussion, we have set out the key points below for anyone seeking clarity on grandparents’ rights and the legal routes available.
Do grandparents have automatic rights to see their grandchildren?
Under current UK law, grandparents do not have an automatic legal right to see their grandchildren.
Unlike parents, grandparents do not have what is known as legal parental responsibility. While a legal presumption was introduced in 2014 that parents should be involved in a child’s life — unless doing so would be harmful — this presumption does not extend to grandparents.
As a result, grandparents do not have an automatic right to contact and must take additional legal steps to secure that if contact is refused.
Whose rights matter most under family law?
Family law is clear that the child’s welfare is the court’s paramount consideration.
As Chris explained on BBC Radio Leeds, it is not the rights of parents or grandparents that the law focuses on, but the rights of the child. Any decision about contact must be based on what is in the child’s best interests.
Grandparents can apply to the court for permission to seek contact, but unlike parents, they must first pass a preliminary stage and obtain the court’s consent before a full application can proceed.
