Do Grandparents Have Legal Rights to See Grandchildren at Christmas?

Last year, we shared our ‘Do’s and Don’ts of Childcare Arrangements During the Festive Season’ to help parents navigate the difficulties of agreeing contact arrangements. In some cases it is not possible to agree these arrangements amicably and where there is a high level of conflict and a strain on relationships, the disputes between parents can impact a child’s contact with their extended family members, particularly grandparents.

What Are the Legal Rights of Grandparents When It Comes to Contact With Grandchildren?

Under the current law in England and Wales, grandparents do not have an automatic legal right to have contact with their grandchildren, and the law prioritises the rights of children to have a relationship with their parents and their overall welfare. Grandparents, however, are able to pursue contact through non-court dispute resolution, such as mediation, and if this is unsuccessful, they can apply to the family court to determine contact.

Applying to Court

If a parent (or both parents) will not agree for a grandparent to have contact with the child, then the grandparent may apply to the family court for a Child Arrangements Order. As grandparents do not have an automatic legal right to contact, they must first seek permission from the court to make their application. When considering whether to grant permission, the court will look at:

• the close nature of the relationship with the child prior to contact ceasing;
• the potential impact on the child if the application is or is not made; and
• whether the application could disrupt the child’s life.

If the court grants permission for the application to be made, the grandparent may then apply for an order outlining the contact arrangements they are proposing. When considering the merits of the application and whether to make the Child Arrangements Order sought, the court will prioritise what is in the child’s best interests and will consider the factors outlined in the welfare checklist, such as emotional needs, family dynamics, and stability.

If contact between a child and a grandparent (or parent) is being restricted because there are concerns about the individual’s behaviour, health, or the safety of the child, the court will investigate those allegations thoroughly before making an order on contact. The welfare of the child remains paramount, and in some cases contact may be limited or supervised if necessary in order to balance the child’s best interests whilst also maintaining their relationship with their extended family.

How Long Does It Take to Get a Court Hearing?

Once an application is made for a Child Arrangements Order, it can take several weeks for the court to list a First Hearing Dispute Resolution Appointment (FHDRA). Given the current date and seasonal court pressures, any new application made now is highly unlikely to be dealt with before Christmas 2025. Grandparents hoping for festive contact should consider informal arrangements or mediation as a more immediate route.

Conclusion

Whilst grandparents do not have automatic rights for contact with grandchildren, the law recognises that these relationships are important and if the court is satisfied that the reintroduction of contact is in the child’s interests, then permission for the application will be given. These applications can resolve the day-to-day contact arrangements and special occasions such as Christmas contact.

How Pinney Talfourd Can Help

If you’re facing difficulties reaching an agreement on the contact arrangements over the festive period, or wish to formalise any changes to the current arrangements, please contact a member of our Family Team to book a free 45-minute initial consultation.