Child Arrangement Orders (CAOs) specify who a child lives with or spends time with. They are predominantly used to regulate the time each parent spends with a child following separation and divorce. As we know, family breakdown affects not just the immediate family. It also jeopardises the bonds between children and their extended family, including grandparents.
Regular contact between a grandchild and its grandparent might suddenly be stopped once parents separate, if there are disagreements between parents and grandparents or when one parent dies. Here we look at how grandparents can maintain contact with grandchildren when parents separate or one or both parents prevent a grandparent from seeing their grandchild.
At the outset it’s important to point out that grandparents in the UK have no legal right to formal contact with a grandchild. Their position here is not as strong as it is in some other jurisdictions such as Spain and France. The French Civil Code for example, gives children a clear right to stay in touch with their grandparents. No such right exists under English law. That said, the courts do recognise the important role that grandparents frequently play in a child’s life and there are a number of legal mechanisms available to protect that relationship. We look at the options below.
Applying for a Child Arrangements Order
Where a grandparent wishes to secure some level of contact with a grandchild but is being prevented from doing so by a parent or the person with parental responsibility, the first step should be to try family mediation. This avoids some of the acrimony, cost and delay associated with family court proceedings.
If attempts at mediation fail, then it’s open to a grandparent to ask the court’s permission to apply for a CAO under The Children Act, 1989. These orders can determine who a child lives with, spends time with and specify how contact is to take place. In most cases grandparents must seek the court’s permission to apply for a CAO.
Getting permission to apply for a Child Arrangements Order
In deciding whether to allow the CAO application to go ahead, courts will examine the kind of contact the grandparent is seeking as well as the nature and quality of the existing grandparent/grandchild relationship. While the child’s welfare is not the predominant factor at this stage, the courts will have regard to the level of disruption any application might have on the child’s life. Note that getting permission to apply for a CAO is no guarantee that any contact will ultimately be granted.
Once permission has been given, the court will determine the application using the same fundamental principle that applies to all children’s cases – the child’s welfare. In assessing welfare, a well-established checklist is used so the court takes account of factors such as the child’s emotional needs, their wishes and the risk of any harm any CAO might have.
What happens if a parent doesn’t comply with the Child Arrangements Order?
It’s not unusual for a parent to remain uncooperative and continue to obstruct contact between a grandparent and grandchild despite a CAO being in place. In such a situation it’s advisable to seek legal advice. The courts have a range of powers available to ensure that the CAO is complied with. In our experience a suitably worded letter from a family solicitor can often lead to compliance without the need for any formal court proceedings.
There is a delicate balancing exercise here. The child’s welfare is always the paramount consideration of the courts, and judges will be reluctant to intervene in a way that further disrupts the child’s life. However where it’s clear that a parent’s obstruction and non-compliance with a CAO is undermining a healthy relationship with a grandparent, courts will take breaches of the CAO seriously and act accordingly.
What Is A Special Guardianship Order?
Where children are unable to live safely with their parents – for example because of mental health or addiction problems of the parents – courts will often look to extended family members, including grandparents, to provide secure living arrangements for the children. In such cases Special Guardianship Orders (SGOs) may be made. These are much more far reaching that CAOs because they grant parental responsibility to the guardians and usually stipulate that the child lives with the special guardian on a long-term basis.
Grandparents can apply for SGOs if they have the benefit of a CAO or have lived with the child for a certain period. They can also apply if they have the consent of the parents or those with parental responsibility.
What About Adoption of A Grandchild?
The finality of an adoption order, transferring legal parenthood permanently, means that it is only appropriate in limited circumstances. The courts will usually only make such an order in favour of a grandparent where none of the other measures we have discussed will sufficiently safeguard the child’s welfare.
Comment
Despite calls for greater recognition of grandparents’ rights regarding contact with grandchildren there are no immediate plans to reform the law in this area. A change could potentially bring the position in England and Wales more into line with many European jurisdictions where these rights are on a more secure footing.
Having said that, the family courts do recognise the important role grandparents play in a child’s life and will take steps to protect that relationship in appropriate circumstances.Finally it’s worth considering that the Government plans, announced in 2025, to remove the presumption that parental involvement in a child’s life benefits the child may, in a roundabout way, result in a greater recognition of grandparents’ rights.
The UK Government’s proposal is aimed primarily at cases involving domestic abuse and child safety. It is not intended to confer any rights on grandparents. However, removal of the presumption could indirectly increase the importance of grandparents in child arrangement proceedings because judges may be more willing to look at ways the wider family, including grandparents can best protect a child’s welfare.