Can Parents Stop Grandparents from Seeing Their Grandchildren?

Grandparents often play an important role in a child's life. They offer love, stability and support that can shape a child's upbringing in lasting ways. Yet, they have no automatic legal right to see their grandchildren. In England and Wales, it's parents who hold the authority to decide who their children spend time with, and that includes the ability to limit or stop contact with grandparents if they believe it's in their child's best interests.

That doesn't mean grandparents who've lost contact are left with no options, however. When a relationship has broken down, the child's welfare remains the most important consideration throughout, and there are still several routes worth exploring, from open communication and mediation through to, in some cases, legal action.

Under what circumstances can parents stop grandparents from seeing their grandchildren?

Parental responsibility gives parents the right to make decisions about their children's lives, including with whom they have contact. There is no legal requirement to facilitate contact between a child and their grandparents, however close that relationship might be.

It is often after the breakdown in the relationship between parents and grandparents that the relationship between them and their grandchildren might get stopped or become restricted. This often follows aseparation, divorce, or family disagreement. At other times it might stem from differences of opinion over how the child should be raised.

In more serious cases, contact may be restricted because of concerns about a grandparent's behaviour or influence on the child, or genuine safeguarding concerns such as allegations of abuse or neglect. 

However, not every disagreement between adults justifies stopping contact altogether. If there are any concerns, it might be worth considering other arrangements such as a supervised visit, phone, or video calls. It is worth remembering that the child’s welfare should always be at the heart of the parents’ decision.

What can grandparents do if contact is stopped?

If contact is stopped, grandparents are encouraged to try to resolve things out of court. Jumping straight to legal proceedings can deepen the conflict and result in closing communication channels.

Mediation is a useful way for parents and grandparents to reach an agreement outside of court. The process usually begins with a Mediation Information and Assessment Meeting (MIAM) during which a trained mediator explains the process and helps both sides work out whether mediation will suit their situation. However, it isn’t always the right solution, especially if there are safeguarding concerns.

If mediation isn’t suitable or an agreement cannot be reached, then a grandparent can apply to the Family Court. However, they don’t have an automatic right to apply for a Child Arrangements Order and must first seek the court’s permission. Once granted, this order can set out when and how a child spends time with another person, including a grandparent.

When the court considers these applications, its focus is on the child's welfare and best interests, not on whether a grandparent deserves contact. A number of arrangements may be considered, from regular visits and staying contact (overnight or longer stays) to supervised contact or indirect contact by phone or video call. What's decided will always come down to the specific circumstances of the family and the needs of the child involved.

What is a fair arrangement?

There's no fixed definition of what makes a fair contact arrangement, simply because every family's situation is different. A number of factors tend to come into play, including the child's age and developmental needs, the existing relationship between grandparent and grandchild, and, where appropriate, the child's own wishes and feelings.

Practical matters such as the distance between the two households, as well as school , work and other commitments must be considered as they all affect a proposed arrangement.

More importantly, a fair arrangement must be realistic, consistent, and centred on the child’s needs rather than the wishes of the adults involved. It doesn't necessarily mean regular overnight stays or a fixed schedule of visits; it might simply mean occasional visits, regular daytime contact, supervised contact, or indirect contact through phone calls and video chats. Flexibility matters too, particularly around birthdays, Christmas, and school holidays, when families often want to make special arrangements.

How can a family solicitor help?

A family solicitor can help grandparents understand their legal position and the options realistically available to them. That might mean advising on whether mediation or informal negotiation is likely to work in the circumstances or communicating directly with the parents or their legal representatives on the grandparent's behalf.

Where appropriate, a solicitor can also help put together a practical, workable contact arrangement without the need for court proceedings. And if court action does become necessary, they can advise on whether applying for a Child Arrangements Order is likely to succeed, prepare the application and supporting evidence, and represent the grandparent throughout Family Court proceedings.

Seeking legal advice early can often help stop a dispute from escalating unnecessarily, giving grandparents a clearer picture of their options before positions become entrenched. If you're a grandparent whose lost contact with your grandchildren and aren't sure where you stand, speaking to an experienced family solicitor such as Eatons Solicitors is a good place to start ,they can help you understand your options and what steps might help rebuild that relationship.