Grandparents' rights — a plain-English guide to seeing your grandchildren

Who this is for. If you are a grandparent and a parent has stopped you from seeing your grandchildren, this guide explains your position in plain English: why you do not have an automatic legal right to see them, the steps you can take before court, how to apply for a child arrangements order (form C100) — including the court's permission (leave) you must usually obtain first — how the court weighs your application under what is in the child's best interests, the mediation MIAM you must usually attend, and the practical evidence that helps. It is written for people representing themselves and does not take sides. It is general information, not legal advice.

Reviewed by Sean McNamara on 2026-10-21

The most important thing to understand first

You do not have an automatic legal right to see your grandchildren if a parent stops you. This is a common and often painful surprise. Unlike a parent (who has parental responsibility), a grandparent is not automatically entitled to contact. That does not mean you have no options — it means the route to seeing your grandchildren runs through agreement first, and then, if that fails, through the family court, which decides on each child's best interests rather than on any automatic entitlement of yours.

GOV.UK is clear on the starting point: You do not have an automatic legal right to see your grandchild if a parent stops you seeing them. There may however be steps you can take. Those steps are set out below.

Step 1 — Try to reach an agreement before court

Before anything formal, the first and usually best route is agreement:

An informal, family-based arrangement with both parents — many contact problems can be resolved by calm, respectful conversation about what the child would benefit from and how you can help.
Mediation — an independent family mediator can help you and the family work out an agreement. Mediation is often cheaper, quicker, and calmer than court, and keeps control of the outcome with the family rather than a judge.

GOV.UK recommends trying these routes first, and the court expects to see that you have genuinely tried to resolve the matter before you apply. Going straight to court without making reasonable attempts at agreement can work against you.

Step 2 — The MIAM: the mediation meeting you must usually attend

Before the family court will accept a child arrangements order application from you, you must usually attend a MIAM — a Mediation Information and Assessment Meeting — with an accredited family mediator. It is a legal requirement unless a valid exemption applies.

A MIAM is not mediation. It is a single information-and-assessment meeting where a mediator explains how mediation and other non-court routes work and helps you think through whether agreement is realistic.
For grandparents, the mediator who facilitated the meeting must sign the application form to confirm you attended.
Exemptions apply in certain situations (for example, where there is evidence of domestic abuse or a risk of harm to the child, or in urgent cases). If an exemption genuinely applies you can go ahead with your application without attending — but do not claim an exemption unless it genuinely applies.

Attending the MIAM does not commit you to mediation — and if the other side will not engage, you can still go on to apply to court.

Step 3 — Getting the court's permission (leave) and applying (form C100)

A grandparent can apply for a child arrangements order (under section 8 of the Children Act 1989) — the order that decides where a child lives, who they spend time with, and what other contact (such as phone calls) takes place. But because you are not a parent, you usually need the court's permission (or 'leave') to apply first.

Key points:

You ask for permission on the same form as the court-order application — you do not make a separate application. Per GOV.UK: *You ask the court for permission to apply for a court order. You apply for permission on the same form as the court order application.*
You complete the C100 application form and send it to your nearest family court, together with your completed MIAM (or an exemption).
There is a court fee for the application, which can change — check the current fee on GOV.UK before applying (see sources below) and note that help with fees may be available if you are on a low income. Ask the court or check the linked GOV.UK pages for the current figure rather than relying on a number here.
Sometimes the court deals with the question of permission as a preliminary step before your actual application proceeds. The point is the court decides whether to let you apply at all, and that decision is weighed against the child's interests.

How the court weighs your application — the child's best interests

The central principle, set out in section 1 of the Children Act 1989, is the welfare principle: the child's welfare is the court's paramount consideration, and any order it makes must be in the child's best interests.

The court considers the welfare checklist — including the child's wishes and feelings (given their age and understanding), physical and emotional needs, the likely effect on them of any change in circumstances, and the capability of each person involved to meet their needs.

For a grandparent, the court will be weighing questions such as:

The nature of your relationship with the child — the evidence of a real, continuing bond.
Whether contact with you is in the child's interests — the benefit of a relationship with their extended family.
The impact on the child of seeing you against the wishes of their parent or parents.
Any risk factors — particularly where the parents object because they believe contact would harm or destabilise the child.

Being a grandparent is supportive of your application but is not in itself a reason for the court to make an order — the decision turns on what is best for the particular child, not on your right to see them. The court does not take sides; it applies the same welfare test to everyone.

Practical evidence that helps your application

The court decides on evidence, so gather and organise documents that show your relationship and why contact benefits the child:

A short, clear history of your relationship with your grandchild — their age, how often you have seen them, and the role you have played in their life.
Records of contact — photos, messages, letters, or notes showing your ongoing involvement (for example, caring for them, school runs, birthdays, or holidays).
Your willingness to try to agree — evidence that you attempted mediation or offered a workable contact arrangement, showing you are being reasonable.
What you are asking for — be specific and realistic (for example, a set number of weekends or holiday time), and explain how it benefits the child, not just what you want.
Statements from others — where appropriate, family members or professionals who can speak to your relationship with the child.

Keep everything factual and fair. The court responds better to a measured, child-focused case than to an emotional or hostile one.

Costs and help

There is a court fee for the C100 application, which can change — check the current amount on GOV.UK.
If you are on a low income you may be able to apply for help with court fees (see the GOV.UK page below).
Costs can rise if the case becomes contested and involves multiple hearings, which is another reason the court expects you to try agreement and mediation first.
Legal aid is limited for private family court applications and is normally only available in narrow circumstances — typically where there is evidence of domestic abuse (the family-law legal aid gateway). Check your own position on gov.uk/legal-aid rather than assuming you do or do not qualify.

A practical first-steps checklist

[ ] Try agreement first — speak to the parents about an informal, family-based arrangement.
[ ] Consider mediation — an independent mediator can help avoid court if both sides engage.
[ ] Attend a MIAM (unless you genuinely qualify for an exemption) and have the mediator confirm your attendance.
[ ] Think through the child's best interests — be ready to show the court how contact benefits your grandchild, not just what you want.
[ ] Gather your evidence — your relationship history, records of contact, and any attempts you have made to agree.
[ ] Apply on form C100 to your nearest family court, asking for the court's permission (leave) on the same form, with your MIAM confirmation attached.
[ ] Check the current fee and whether you qualify for help with fees before you apply.

Official sources (gov.uk / Children Act 1989)

Contact with your grandchild if their parents divorce or separate: gov.uk/contact-grandchild-parents-divorce-separate
Making child arrangements if you separate (apply for a court order, who can apply, child arrangements orders): gov.uk/looking-after-children-divorce and /apply-for-court-order
Child arrangements order form and family court process: gov.uk/make-child-arrangements-order · Applying to court: gov.uk/apply-court-to-see-child
Court fees: gov.uk/court-fees-what-they-are · Help with fees: gov.uk/get-help-with-court-fees
Legal aid eligibility: gov.uk/legal-aid
The welfare principle and the welfare checklist are set out in section 1 of the Children Act 1989; child arrangements orders fall under section 8 of that Act.

This is general information, not legal advice. It is not a substitute for advice from a qualified family-law solicitor or a regulated adviser, and it does not take sides or prejudge any case. The law, court fees, and exemptions change, and each family court decides a case on its evidence and on the best interests of the child — always verify the current position on the official GOV.UK pages linked above before acting. If you believe you or your grandchild are in immediate danger, call the police on 999; if you are a survivor of domestic abuse, contact Refuge (0808 2000 247) or Women's Aid.

YourFamilyCase is an independent, impartial information resource. We are not part of GOV.UK, HM Courts & Tribunals Service, or any mediator, solicitor, or agency named or linked in this guide, and we receive no payment or preferment from any of them. The information here is provided to help you understand the system; it does not replace professional legal advice.