Grandparents’ Day on 6 October 2024: do grandparents have a legal right to a relationship with their grandchildren?

The British Royal Family, like any other family in England, have experienced their share of family breakdown. For King Charles III, the rift with Prince Harry and Megan, Duchess of Sussex means he has seen his grandchildren, Archie aged five years and Lilibet aged three years, on only a few occasions. 

Many grandparents experience the heartbreak of losing a close and loving relationship with their grandchildren following family breakdown.  However, they can still play a significant role in the lives of their grandchildren where family dynamics have changed due to events such as divorce, separation, or the death of one or both parents. 

In England, grandparents do not have automatic legal rights in respect of their grandchildren. If they are denied contact with their grandchildren, they have the option to apply to the Family Court for an order for contact. The first step is typically to try to reach an agreement with the parents through mediation. If this is not successful, grandparents can apply to the court for permission (leave) to apply for a Child Arrangements Order. The court will only grant permission if it believes that the application has merit and is not harmful to the child's welfare. When considering an application for a Child Arrangements Order, the court will take into account the connection and blood relationship between the grandparents and the child, the nature of the proposed application, and whether the application could potentially be harmful to the child's well-being in any way. 

The court's primary consideration is always the best interests of the child, and any decision will be made with the child's welfare as the paramount concern. This means that while grandparents can seek legal recourse to maintain contact with their grandchildren, the outcome of any legal proceedings is not guaranteed and will be heavily influenced by the specifics of the situation. 

Additionally, in cases where the local authority is involved with the children, for example in care proceedings, grandparents can seek to become the children's carers. They may apply for a Special Guardianship Order, which gives them the right to make day-to-day decisions about their grandchild's care, or for a Child Arrangements Order, which dictates with whom the child is to live. It's important to note that family law is complex, and grandparents in such situations should seek legal advice to understand their position and the options available to them. Legal professionals can provide guidance on the likelihood of success in court and on alternative dispute resolution methods that could be employed.