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. 

Why are grandparents so important in children’s lives? 

Grandparents often play a vital role in modern family life. 

With increasingly busy schedules and rising childcare costs, many families rely on grandparents for practical support such as school runs, after-school care, and childcare during holidays. Beyond this, grandparents provide something equally important: stability, perspective, and continuity. 

Maintaining and developing relationships with grandparents can help children: 

• Develop a sense of identity and family heritage 

• Benefit from life experiences and wisdom from elder members in the family circle 

• Feel emotionally supported during periods of change 

When family relationships break down following separation or divorce, these valuable connections can unfortunately be lost and have a long-lasting and detrimental impact on the children affected. 

Is court action the only option for grandparents? 

Court proceedings should always be seen as a last resort. 

Chris advises grandparents to try, where possible, to: 

• Remain neutral and avoid taking sides during parental disputes 

• Maintain open and respectful communication with both parents 

• Explore alternative dispute resolution options such as mediation 

Mediation — whether formal or informal — can often help families reach agreement without the emotional and financial strain of court proceedings. Where agreement cannot be reached, an application to the court may be appropriate.

Can grandparents apply to the court for contact? 

Yes, grandparents can apply to the court, but the process involves an additional step. 

Before a full application can be made, grandparents must first seek the court’s permission to bring a substantive application to spend time with their grandchild. If there is evidence of an existing relationship between the grandparent and grandchild, the court will consider whether it is appropriate to allow the case to proceed and look at the matter generally but specifically consider the nature and reason for the application, the connection with the child and any risk of harm or disruption to the child should permission be granted to allow the case to proceed. Each case is fact specific but, ultimately, the court will consider what outcome best serves the child’s welfare. 

Is the law likely to change?

While there have been campaigns calling for reform, there is currently no indication that the law will change to give grandparents automatic rights. 

In fact, aspects of the parental presumption introduced in 2014 are now under review, making legislative change for grandparents unlikely in the near future. For now, the emphasis remains on negotiation and — where necessary — court applications focusing on the child’s best interests. 

How Flint Bishop can help

If you are a grandparent struggling to maintain or wanting to develop contact with your grandchildren, or a parent seeking advice on child arrangements following separation, early legal advice can undoubtedly help reduce conflict and protect the child’s welfare. Any delay in resolving such issues is likely to be harmful to the child. 

Chris Burns and the Family Law team at Flint Bishop advise clients across Leeds, Sheffield, York, and beyond on all aspects of family and children law, including mediation, child arrangements, and court applications where necessary.