At Nelsons, we regularly support grandparents who find themselves unexpectedly cut off from grandchildren they adore. Grandparents often play a crucial role in a child’s life—providing stability, emotional security, and practical support. Yet, when parents separate or relationships within the family break down, grandparents can suddenly lose contact entirely.
Recent commentary has drawn national attention to this growing issue, with reports highlighting that many grandparents go from daily involvement to no contact overnight. In this Q&A, we explore the law in England and Wales, the challenges grandparents face, and the steps available—particularly where a parent is absent or has died, and grandparents may be the child’s most important remaining connection.
Why are grandparent–grandchild relationships in the news?
In the past year, various reports and legal commentaries have described a “hidden crisis” affecting extended families. Thousands of grandparents lose contact with their grandchildren each year following parental separation.
Many have played significant caregiving roles—sometimes providing daily childcare—making the loss deeply distressing.
This sits against a backdrop of shifts in family justice thinking, including the increased focus on safeguarding and the child’s welfare as the overriding priority.
Do grandparents have an automatic right to see their grandchildren?
No. Under English law, grandparents do not have automatic rights to contact.
Instead, when agreement cannot be reached, grandparents usually need to ask the court for permission (known as “leave”) before applying for a Child Arrangements Order.
This procedural step acts as a filter to ensure only applications genuinely concerning a child’s welfare progress.
What legal options do grandparents have?
The primary route is through Section 8 of the Children Act 1989, which allows applications for Child Arrangements Orders, Prohibited Steps Orders, and Specific Issue Orders.
Grandparents usually need to obtain leave before making such an application under Section 10.
What does the court consider when deciding whether to give grandparents permission to apply?
The court looks at:
- The nature of the application;
- The grandparents’ connection with the child;
- Any risk that the application may disrupt the child’s life to the point of harm.
This ensures applications proceed only where there is a genuine welfare basis.
If the court does grant permission, what matters most in the final decision?
Once permission is given, the court’s focus shifts entirely to the child’s welfare, guided by the statutory welfare checklist.
This may include:
- Emotional needs;
- The child’s wishes (depending on age and understanding);
- The impact of any change;
- Any safeguarding concerns.
Evidence of a positive, consistent relationship with the child significantly strengthens a grandparent’s case.
What challenges do grandparents commonly face?
- Sudden loss of contact after parental separation
Grandparents often become unintended casualties of adult conflict.
- The additional legal hurdle of needing permission
Parents do not face this step, making grandparents’ applications feel more complex.
- Navigating a complex system
Forms, safeguarding processes, evidence and hearings can feel daunting, especially for those unfamiliar with family law.
- Mediation requirements
The law encourages non‑court dispute resolution, and a MIAM (mediation assessment) is usually required unless exemptions apply.
Do grandparents have to attend a MIAM before applying to court?
In most cases, yes—a MIAM is legally required before applying for a Child Arrangements Order unless an exemption applies (such as domestic abuse or urgency). The MIAM helps assess whether issues can be resolved without court intervention.
What if one parent is absent or has died?
Where a parent is deceased or absent, grandparents often become the child’s only connection to one side of their heritage. This can be vital for:
- Identity and belonging;
- Continuity during grief or instability;
- Maintaining ties with extended family;
- Emotional resilience.
Courts recognise the stabilising role grandparents can play—especially where they have historically been a consistent part of the child’s life.
However, the core test remains: what is in the child’s best interests?
What types of contact can a court order?
A Child Arrangements Order can provide for:
- Direct contact (in‑person time),
- Indirect contact (letters, phone calls, video calls),
- Structured arrangements such as holiday contact or supervised re‑introduction.
What should grandparents do if they’re being prevented from seeing their grandchildren?
- Approach the parents, if safe and appropriate
A calm, child‑focused message can sometimes open the door.
- Attend a MIAM / explore mediation
Not only is this a legal requirement in most cases, it can lead to child‑centred agreements without court.
- Seek early legal advice
Understanding your rights and evidential needs early on can make the process smoother and less stressful.
- Apply to court as a last resort
If necessary, you may seek permission and then a Child Arrangements Order.
Final thoughts
At Nelsons, we understand how emotionally charged these situations can be. Our specialist family solicitors regularly assist grandparents in:
- Navigating mediation and MIAM requirements,
- Preparing strong applications and evidence,
- Representing them in court, and
- Supporting them through sensitive cases involving bereavement or absent parents.
If you are a grandparent worried about contact, we are here to help you understand your options and work towards a positive, child‑focused outcome.
How can we help?
Rina Mistry is a Legal Director in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children law, international family matters, and domestic abuse.
If you need any advice concerning the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide, along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
Contact usIf this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.