Grandparents – What Are Their Rights?
Grandparents play a unique and often irreplaceable role in a child’s life.
Many families across West Sussex, particularly in Worthing and Chichester, tell us how much stability, love and support grandparents bring.
When that relationship is disrupted, whether through family breakdown, separation, or wider conflict, the impact can be deeply upsetting for everyone involved.
A frequently asked question is: What rights do grandparents have when contact breaks down?
In the UK, grandparents do not have any automatic legal right to see their grandchildren, but that does not mean there is nothing you can do.
The law recognises the vital role grandparents can play, and there are clear routes to securing contact and rebuilding relationships.
In this guide, we explain your options, how the process works, and how we support families every step of the way.
If you are looking for practical legal support, our grandparents’ rights solicitors in West Sussex can help you understand your next steps.
Do Grandparents Have Automatic Legal Rights?
In the UK, grandparents do not automatically have legal rights to spend time with their grandchildren.
This often comes as a surprise, especially to grandparents who have been closely involved in their grandchildren’s daily lives.
Although there have been discussions in Parliament about strengthening the legal position of grandparents, including a 2018 proposal to establish a presumption of contact with close relatives, no such legislation has been enacted.
This means that, when contact breaks down, grandparents usually need to take certain steps before they can apply for a court order.
What Rights Do Grandparents Have in Practice?
Even though grandparents do not have automatic rights, the family court does recognise the value of the grandparent–grandchild relationship.
The law gives grandparents a route to request contact where it is safe, appropriate, and in the child’s best interests.
The key legal route is to apply for a Child Arrangements Order, but because grandparents do not have parental responsibility, there is an important additional step: they must first ask for permission before making the application.
Courts regularly grant this permission, particularly when a grandparent has played a meaningful role in the child’s life.
Can Grandparents Apply for a Child Arrangements Order?
Step 1: Attempt to Resolve Matters Amicably
Whenever possible, it’s best to start by trying to speak with the child’s parents. Emotions may be running high after a separation or family dispute, but sometimes a calm, structured conversation can help rebuild contact informally.
We often support grandparents in preparing for these conversations so they feel confident and reassured.
Step 2: Attend Mediation (MIAM)
Before applying to the court, grandparents are usually required to attend a Mediation Information and Assessment Meeting (MIAM). Mediation allows an impartial professional to help everyone involved explore possible arrangements and improve communication.
A mediator will not take sides or tell anyone what they must do. Instead, they help guide discussions and encourage families to agree on arrangements that meet the child’s needs.
If mediation is not suitable or if it fails to reach an agreement, the mediator will provide a certificate that allows you to proceed to court.
Step 3: Seeking Permission to Apply to the Court
Because grandparents do not have parental responsibility, they must apply to the Family Court for permission to make an application for a Child Arrangements Order.
When deciding whether to grant permission, the court will consider:
• Your involvement in the child’s life so far
• The nature of the application you want to make
• The parents’ views
Whether the application might cause harm or disruption to the child
In many cases, if a grandparent has an established, positive relationship with the child, permission is granted.
What Does the Court Consider?
If the court grants permission for your application to proceed, it will then assess what arrangements would be in the child’s best interests — this is always the court’s top priority.
Judges will consider:
• The importance of the child–grandparent relationship
• The emotional and practical support that grandparents have provided
• The circumstances in which contact broke down
• Any safeguarding concerns
• The child’s wishes and feelings (depending on their age)
While there are situations where contact may not be appropriate, that is not the court’s starting point.
Family judges increasingly recognise the valuable role grandparents play and often make orders allowing contact where it is beneficial and safe for the child.
How We Support Grandparents Across West Sussex
At Bennett Griffin, we understand how painful it can be when you are suddenly unable to see your grandchildren.
You can read more about how our grandparents’ rights solicitors in West Sussex support families in Worthing, Chichester and beyond.
Many grandparents feel powerless or unsure where to turn — but you do have options, and you do not need to navigate them alone.
Our experienced Family Law team helps grandparents across Worthing, Chichester, and the wider West Sussex community.
We provide clear, practical guidance and support at every stage, including:
• Understanding your legal position
• Approaching parents constructively
• Preparing for mediation
• Applying for a Child Arrangements Order
• Representing you throughout court proceedings
We tailor our advice to your family’s circumstances and focus on reducing conflict wherever possible.
You can also read more about how we support grandparents here
Common Questions From Grandparents
Can I get legal aid?
Legal aid is limited but may be available for mediation or where there are safeguarding concerns. We can explain your options clearly.
Can the court refuse to grant me permission to apply?
Yes, but permission is regularly granted, especially when grandparents have had meaningful contact with their grandchildren in the past.
Can I ask for overnight stays?
Possibly. The court will decide based on the child’s best interests and the strength of your relationship.
Get Friendly, Expert Legal Advice
If you are struggling to maintain contact with your grandchildren or need guidance on your next steps, we are here to help.
Our Family Law team offers sensitive, practical advice so you can feel supported and informed throughout the process.
You can contact us today to talk things through; we are always ready to listen and provide clear guidance tailored to your situation.
Disclaimer
This article provides general information only and does not constitute legal advice. The law in this area can be complex, and the best course of action will depend on your individual circumstances. Please seek specific legal advice before taking action.