Divorce and separation often have ripple effects that extend far beyond the couple involved, with grandparents frequently finding themselves cut off from grandchildren they love dearly.

If you are a grandparent facing these circumstances, it is important to understand what the law does and does not provide when it comes to contact with your grandchildren.

Do grandparents have a legal right to contact?

There is a common misconception that grandparents have an automatic right to see their grandchildren.

In fact, the law in England and Wales does not grant such a right. The legal framework is based on what is in the best interests of the child, rather than the rights of the adults involved.

That said, the courts do recognise that children often benefit from maintaining strong relationships with grandparents and extended family.

If you have played a meaningful role in your grandchild’s life, the court is likely to take this into account if contact arrangements need to be formalised.

Organising contact arrangements

Where possible, it is always best to start with open and respectful communication between adults.

Many families are able to reach an agreement without legal intervention, and this is usually better for all concerned, especially the children.

In families where wealth, trusts, or wider business interests are involved, tensions can sometimes complicate these discussions.

Where it is not possible to reach agreements voluntarily,  mediation can provide a neutral forum for working towards an agreement that preserves key relationships.

It can be helpful to keep a clear record of the role you have played in your grandchild’s life. For example, how often you have seen them and the nature of your involvement.

If the situation does progress to legal proceedings, this information can support your case.

When court involvement is necessary

If informal efforts and mediation do not lead to an agreement, grandparents can apply to the court for permission to seek a Child Arrangements Order.

This formal process should always be viewed as a last resort. You will normally be required to attend a Mediation Information and Assessment Meeting (MIAM) beforehand.

If the matter does proceed to court, several factors will influence the outcome:

• The welfare and needs of the child
• The nature and quality of your relationship with your grandchild
• The likely impact of any order on the child’s life and wellbeing

Where the court believes continued contact is in the child’s best interests, it can order either direct (face-to-face) or indirect (letters, phone calls) contact.

Protecting family relationships for the long term

Maintaining relationships between generations helps to support family stability and avoid future conflict.

Managing these situations sensitively, and with specialist legal advice, can help to avoid deeper family rifts and long-term disruption to the child’s life and the family as a whole.

If you are concerned about maintaining a relationship with your grandchildren following a separation or divorce, our experienced family lawyers can guide you through your options.

We can help you explore constructive ways forward and, where necessary, support you through the legal process. Contact the Head of our Family & Relationship team, Alison Green today on alison.green@mackrell.com or call on 0207 420 4193 for expert advice.