Do Grandparents Have a Legal Right to See Their Grandchildren After Divorce?

Blog last updated: September 2026  |  Jurisdiction: England and Wales  |  Estimated reading time: 7 minutes

Most people assume that when a marriage or relationship breaks down, the law has some way of protecting the wider family, some route that keeps grandparents connected to their grandchildren almost as a matter of course. That assumption does not hold up. In England and Wales, grandparents have no automatic legal right to see their grandchildren, whatever the circumstances of the separation and however close the relationship has been.

What the law actually says about grandparents rights to see grandchildren

Parents with parental responsibility have automatic legal standing to apply to the court for a Child Arrangements Order under section 8 of the Children Act 1989, the order that decides where a child lives and who they spend time with. Grandparents rights to see grandchildren after divorce are not automatic in many cases. That matters day to day as well as in court: without a court order in place, a parent can lawfully limit or stop contact, and a grandparent has no automatic say in decisions such as schooling or medical care.

This is not an oversight in the legislation. It reflects a deliberate structure that puts decisions about a child's upbringing in the hands of those with parental responsibility, and treats other family members, however important, as a separate category. There is a call for reform around this issue, with MPs periodically raising the case for grandparents to have stronger legal standing, but at the time of writing, such reform seems a long way off.

What grandparents can do when contact is blocked

In most cases, a grandparent needs the court's permission, known as “leave”, before applying for a Child Arrangements Order. There are some exceptions. Leave is not usually needed where the grandchild has lived with the grandparent for at least a year immediately before the application, or for at least three years at any point, or where everyone with parental responsibility for the child agrees to the application going ahead. Where leave is needed, the court has particular regard to the nature of the application, the grandparent's connection with the child, and any risk that the application could disrupt the child's life to the point of causing harm.

Understanding the Mediation Information and Assessment Meeting (MIAM)

Before an application reaches court, most people are required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, for example where domestic abuse is a factor. Since April 2024, the court's expectations here have sharpened: parties in children's cases are expected to have seriously considered mediation or another form of non-court dispute resolution. A £500 family mediation voucher is available (at the time of writing) for eligible cases involving children, which can make mediation a genuinely low-cost first step. Mediation is not right for every family though, particularly where domestic abuse or a significant power imbalance is a factor, and independent legal advice alongside mediation is usually sensible. As things currently stand, there is also a court fee for the application itself, though this is reviewed periodically and worth checking at the time you apply. We've written more about the wider process, including mediation and the MIAM requirement, on our child arrangements page.

If a matter does reach court, Cafcass will usually carry out safeguarding checks on everyone involved before the first hearing, and in some cases they will then prepare a report on the child's welfare and their relationship with the grandparent. This is a normal part of the process rather than a sign that anything has gone wrong, and it exists to keep the court's decision genuinely centred on the child.

How it often works in practice

Take the case of a grandparent who has always had a close relationship with their grandchildren, helping with term time childcare, regular weekends and school holidays together, and who finds that contact all but stops after their son or daughter's marriage ends. The other parent, now caring for the children day to day, decides contact should reduce or stop altogether, perhaps out of a wish to draw a line under the relationship with their former in-laws. In a situation like this, the grandparent's existing, established relationship with the children is likely to work in their favour if the matter proceeds to court, though it does not guarantee a particular outcome. Contact with grandchildren will often be linked to the son or daughter’s time with their children, so the discussion about the arrangements has to consider the wider arrangements for the children’s care. A calm approach, starting with a conversation or mediation rather than an application, tends to give a situation like this the best chance of resolving without matters becoming any more adversarial than they already are.

A common misconception

“No automatic right” is often heard as “no rights at all”, and that is not accurate. Where a grandparent has a genuine, established relationship with a child, leave to apply is often granted, and many cases do result in some form of ongoing contact being agreed or ordered. Equally, some grandparents assume they can simply apply as a parent would, without the leave stage, which is also a misreading of the position. The reality sits between those two extremes, closer to “there is a process, and it usually works” than to either “no chance” or “automatic entitlement”.

If you're raising your grandchild rather than just seeking contact

Everything above assumes the question is contact: keeping a relationship going alongside the child's parents. Some grandparents are in a different position, caring for a grandchild full time because a parent cannot, whether through illness, addiction, or a family breakdown of a different kind. That situation usually calls for a different order, a Special Guardianship Order rather than a Child Arrangements Order. A special guardian holds parental responsibility that takes precedence over the parents' where they disagree, something a Child Arrangements Order does not provide, while the child keeps a legal link to their birth parents, unlike adoption. A grandparent can usually apply directly for special guardianship once a grandchild has lived with them for a year, and needs the court's leave beforehand if not. This is a substantial step with different implications to a contact application, and worth a separate conversation with us if it applies to your situation.

What actually helps (and what doesn't)

Alongside the legal process, how a grandparent approaches the situation day to day makes a real difference. Keeping a written record of the relationship, such as photos, school pickups or regular childcare, builds a picture the court can rely on if matters do progress that far. Staying focused on the child rather than on frustration with the parents tends to serve grandparents well, both in negotiations and if the matter reaches a hearing. What tends to work against a grandparent is turning up uninvited, drawing the child into the disagreement, or using an application as a way of relitigating the parents' own relationship breakdown. None of this guarantees a particular outcome, but it consistently shapes how these situations play out.

Getting advice on your situation

Every family's situation is different, and the right first step depends on why contact has broken down, how the wider family is communicating, and whether the child's welfare is genuinely in question or whether this is more about the adults involved.

We're always happy to have a no-obligation chat about the way forward. Call us on 020 4579 5360 or get in touch via our contact page.

Frequently Asked Questions

Do grandparents have a legal right to see their grandchildren?

No, grandparents do not have an automatic legal right to see their grandchildren in England and Wales. In most cases, a grandparent must first obtain the court's permission, known as leave, before applying for a Child Arrangements Order under the Children Act 1989. Some exceptions exist, for example where the grandchild has lived with the grandparent for a set period, or where everyone with parental responsibility consents. Mediation is usually the recommended first step before any court application.

What does it mean for a grandparent to need the court's “leave” to apply?

Leave is the court's permission to bring an application for a Child Arrangements Order in the first place. Under section 10 of the Children Act 1989, the court considers factors including the nature of the proposed application, the grandparent's connection with the child, and any risk of harm from the application itself. Leave being granted does not guarantee the substantive application will succeed, but it is usually the first hurdle rather than the main one.

Do grandparents have to attend a MIAM before going to court?

In most cases, yes. A Mediation Information and Assessment Meeting (MIAM) is generally required before applying to the family court for a Child Arrangements Order, unless an exemption applies, for example where domestic abuse is a factor. Since April 2024, the court also expects parties to have genuinely considered mediation throughout a case, not just at the outset. More detail on this process is set out on the Family Mediation Council website.

Is there a route for grandparents to apply without needing the court's permission first?

Yes, in limited circumstances. Leave is not usually required where the grandchild has lived with the grandparent for at least a year immediately before the application, or for at least three years at any point, or where everyone with parental responsibility for the child agrees to the application. Outside these situations, most grandparents need to apply for leave as a first step.

What if I'm already raising my grandchild full time?

This is a different situation to seeking contact, and usually calls for a Special Guardianship Order rather than a Child Arrangements Order. A special guardian holds parental responsibility that takes precedence over the parents' where they disagree, while the child keeps a legal link to their birth family. A grandparent can usually apply directly once the grandchild has lived with them for a year, and needs the court's permission if not. This is worth discussing directly with a family lawyer given how much turns on the individual circumstances.