“I am a Grandparent and I’m Denied Access to My Grandchildren - What Can I Do?”

14/05/2025

Adanna Ezechukwu

Grandparent’s Rights in the UK

For many grandparents, the bond with their grandchildren is one of the most precious relationships on life. However, when family disputes, divorce or separation occur, grandparents can sometimes find themselves cut off from their grandchildren. If you’re facing this heart breaking situation, you may be wondering:

  • Do grandparents have legal rights to see their grandchildren?

  • Can I apply for visitation if the parents refuse contact?

  • What legal steps can I maintain a relationship with my grandchild?

At Access Law Legal Services, we understand how painful it is to be kept away from a grandchild. That’s why we offer affordable legal support to help grandparents navigate the legal system. In this guide, we will explain your options.

Do Grandparent’s Have Automatic Rights to See Their Grandchildren?

In the UK, grandparents do not have automatic legal rights to see their children. Unlike parents, who have parental responsibility, grandparents must apply to the court for permission to seek contact if the parents object.

However, the law recognises the important role grandparents play in a child’s life. Court’s prioritise the child’s welfare, and if a grandparent has had a close, meaningful relationship with their grandchild, the Court will take this into consideration when considering making decisions in line of the child’s best interests.

What Can I Do If I Am Denied Access to My Grandchild?

If you are being prevented from seeing your grandchild, you have several options:

  1. Step 1 — Try and resolve the issue informally: Speak directly to the parents to find a compromise or try family mediation where a neutral third party helps to resolve the dispute

  2. Step 2 — Apply to Court for a Child Arrangements Order: If mediation fails, you can apply for a child arrangements order which can legally establish your right to see your grandchild. Before applying, you must seek the Court’s permission (known as “leave to apply”).

What Are the Chances of Winning a Grandparent Contact Order?

Courts generally acknowledge that children benefit from having a relationship with their grandparents, unless there are serious concerns (such as abuse or domestic abuse). If you have played an active role in your grandchild’s life, your chances of being granted access are stronger.

The Court’s will consider S.1 of the Children Act 1989. Every case is unique, but many grandparents successfully secure spend time with orders, allowing them to spend regular, meaningful time with their grandchildren.

What If My Grandchild is in Foster Care?

If your grandchild has been taken into foster care, you may still have a right to maintain contact. Social services should consider the child’s best interests, and if you have a strong bond with the child, you may be able to:

  • Request contact visits through the Local Authority

  • Apply for a Special Guardianship Order (SGO) if you wish to take on a caregiver role.

If you are concerned about losing access to your grandchild due to foster care, Access Law Legal Services can provide legal guidance on your options.

Can Grandparents Get Custody of Their Grandchildren?

Yes, in certain cases, grandparents can apply for their grandchildren to live with them and/or parental responsibility. This may happen if:

  • the parents are deceased

  • the child is at risk due to neglect, abuse or unsafe living conditions

  • the parents agree to transfer custody to the grandparents

You may apply for a Child Arrangements Order (CAO) or a Special Guardianship Order (SGO) which grants long-term parental responsibility.

If you believe your grandchild would be sager in your care, Access Law Legal Services can help you take the necessary legal steps.

How Can Access Law Legal Services Help You?

At Access Law Legal Services, we believe grandparents play a vital role in the child’s life. If you’ve been unfairly cut off from your grandchild, we can help you apply for a child arrangements order and navigate the court process with expert guidance. We offer affordable and accessible legal support to help you fight for your rights without excessive legal fees.

Note: This blog post reflects the law at the time it was written and does not constitute as legal advice.

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