Can grandparents get a court order to see their grandchildren?

What the Law Says

The Children Act 1989 sets out the legal framework for applications relating to children, including contact by grandparents.

Grandparents do not have an automatic legal right to see their grandchildren. To ask a court for contact (now called a 'child arrangements order' for spending time), they must first apply for the court’s permission — known as 'leave' — under section 10 of the Children Act 1989.

Section 10(9) states that a grandparent (or other relative) may only apply for a child arrangements order if they meet certain conditions — for example, if they have cared for the child for at least three years, or if they have lived with the child for at least one year ending no more than five years before the application. The court will also consider whether the application is likely to disrupt the child’s life unreasonably.

Even if permission is granted, the court’s decision on contact is based solely on the child’s welfare — the 'paramount consideration' under section 1(1) of the Act.

Statutory Text

No application for a section 8 order may be made by a person who is not a parent or guardian of the child unless the court gives leave.

— Children Act 1989, s. 10(9) — Persons who may apply for section 8 orders

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