Can Grandparents Apply for Contact With Their Grandchildren?

Grandparents play an important role in the lives of many children, and losing that relationship when parents separate or fall out can be deeply distressing for everyone involved. The law in England and Wales does not give grandparents automatic rights to contact, but it does provide a route to applying to the family court for a child arrangements order.

Can Grandparents Apply Directly?

Grandparents do not have an automatic right to apply for a child arrangements order. They must first obtain the court's permission, known as leave to apply, before making the substantive application. The exception is where a grandparent already has a residence order in their favour, in which case they can apply directly.

How Do Grandparents Get Leave to Apply?

The application for leave to apply is made to the family court, usually using Form C100 with the leave application included. The court considers the nature of the proposed application, the applicant's connection with the child, and whether there is any risk of the application disrupting the child's life to the extent that the child would be harmed. In most cases where the grandparent has had a meaningful relationship with the child, leave is granted relatively readily.

What Happens After Leave Is Granted?

Once leave is granted, the substantive application for a child arrangements order proceeds in the same way as any other application. CAFCASS will carry out a safeguarding check and may prepare a Section 7 report. Both parents will be respondents to the application and will have the opportunity to put their case.

What Does the Court Consider?

The court's decision is based entirely on the welfare of the child. It will consider the nature and quality of the relationship between the grandparent and the child, the reasons why contact has been restricted, the views of the parents, and the child's own wishes and feelings. The court recognises that grandparent contact can be of significant value to a child's sense of identity and family history.

Summary

Grandparents must obtain leave to apply before making a child arrangements application. Leave is usually granted where a meaningful relationship with the child exists. The substantive application is decided on the child's welfare. A family law barrister can advise grandparents on the strength of their application and represent them at the hearing.

Whatever stage you are at, the Barrister Connect team can help you work out the right next step. Get in touch with us today.