Long gone are the days when the “man of the house” would go out to earn a living while the wife stayed at home as the primary caregiver. Whether due to changing societal norms or the financial realities of modern life, the Office for National Statistics reports that approximately 16.7 million women are in employment.
With many parents balancing work commitments alongside childcare responsibilities and facing limited support options, grandparents often provide an invaluable source of childcare. Statistics suggest that between 40% and 63% of grandparents regularly care for their grandchildren. As a result, children frequently develop close and meaningful relationships with their grandparents from an early age, often relying on them for emotional support, stability and day-to-day care.
When parents separate, however, those relationships can sometimes become strained or unexpectedly disrupted. Relationships may break down between family members, or one parent may decide to restrict contact. This can leave grandparents feeling distressed and uncertain about their position. So, what rights do grandparents have?
The law on grandparents rights
There is no specific legislation dealing exclusively with grandparents’ rights. Generally, the expectation is that grandparents will spend time with their grandchildren during the time their own child spends with them. However, where this is not possible and agreement cannot be reached, grandparents may wish to make their own application for a Child Arrangements Order, usually seeking an order that the child spend time with them.
Before making an application, save in limited circumstances, prospective applicants must first consider mediation. Mediation can provide an opportunity for families to reach an agreement without the need for court proceedings and can often help preserve wider family relationships.
If mediation is unsuccessful, grandparents will usually need the court’s permission, known as “leave”, before they can make a substantive application. Whilst this additional step may appear daunting, the court will generally consider factors such as:
- The nature of the proposed application.
- The applicant’s connection with the child.
- Whether the application could disrupt the child’s life to such an extent that they may be harmed by it.
For grandparents who have enjoyed a significant and positive relationship with their grandchildren, permission is often granted, allowing the court to consider the substantive application. As with all cases involving children, the court’s paramount consideration is the child’s welfare. The court will therefore focus on whether maintaining a relationship with the grandparents is in the child’s best interests.
How can you plan for the worst?
Whilst no one enters into family arrangements expecting relationships to break down, there are practical steps grandparents can take to help protect their relationship with their grandchildren.
Maintain a meaningful role
The more established your relationship with your grandchildren, the easier it may be to demonstrate the importance of that relationship. Regular involvement in a child’s life, whether through childcare, attending school events or simply spending quality time together, can be significant.
Keep communication open
Where possible, maintain positive communication with both parents. Family breakdowns can be emotionally charged, but grandparents who remain neutral and child-focused are often better placed to preserve relationships and avoid becoming caught in parental disputes.
Consider mediation early
If contact becomes difficult, seeking mediation at an early stage can often prevent matters from escalating. A constructive discussion facilitated by an independent mediator may help rebuild communication and identify practical arrangements that work for everyone involved.
Keep the focus on the children
It is understandable for grandparents to feel hurt if contact is reduced or stopped. However, any discussions or legal applications should focus on the benefits to the child of maintaining the relationship, rather than the rights or wishes of the adults involved.
If you are concerned about your relationship with your grandchildren following a family separation, contact Gardner Leader’s Family Law team for early legal advice on the options available and the most appropriate way forward for your family. Contact Madia Aslam for further information on how we can assist.