Do Grandparents Have a Legal Right to See Their Grandchildren?

A frequent question that often arises in family law is whether grandparents have an automatic right to have contact with their grandchildren. 

Unfortunately, grandparents do not.  As a grandparent you may find yourself faced in this difficult situation should your relationship with your grandchildren’s parents break down.

This is even though you have established a close bond with your grandchildren and spending time with them would clearly be in their best interests.  

Clearly each case depends on its own individual facts and circumstances. If possible, you may try and agree with the grandchildren’s parents as to when you are able to see them even if this is not on such a regular basis as you were used to, to ensure that you are still able to see the children even if the arrangements are not ideal which allows there to be some consistency in the arrangements. 

You could also contact a family mediator or try other forms of dispute resolution to help you and the children’s parents come to some level of agreement in respect of you spending time with your grandchildren.  Prior to making an application to Court you are required to attend a meeting with a mediator to see if mediation could be suitable in your case.  This is referred to as a Mediation Information and Assessment Meeting (a MIAM).

Mediation can often be a costs effective way to help you navigate through the difficulties with a mediator present, in trying to reach an amicable agreement with the children’s parents.  This can often be a quicker alternative than waiting for the Court to make a decision which can also be a costly exercise. Court proceedings should only be considered as a last resort if all the above options are unsuccessful. Please click here for further information about ‘Non-Court Dispute Resolution'.