Grandparents rights lawyers

Before making any application to the family court, you are required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies – for example, where domestic abuse is involved. Mediation gives all parties an opportunity to reach an agreed arrangement without the need for court proceedings, which is often a less stressful and more constructive outcome for everyone, especially the children.

If mediation is unsuccessful or unsuitable, a Child Arrangements Order or another form of court order may be the appropriate next step. A solicitor can help you understand which route is most suitable for your circumstances.

If leave is granted, you can then make a full application for a Child Arrangements Order. This order sets out with whom the child is to live, spend time, or have contact, and when. At this stage, the child’s welfare becomes the court’s paramount consideration, guided by the ‘welfare checklist’ in section 1(3) of the Children Act 1989. This includes the child’s own wishes and feelings (considered in light of their age and maturity), their physical, emotional and educational needs, and any harm they have suffered or may be at risk of.

The ‘no order’ principle also applies: The court will only make an order if doing so would genuinely further the child’s welfare. Where appropriate, a skilled solicitor may be able to guide you towards mediation services to help prevent matters from escalating to a contested hearing.

A person over 18 who is not the child’s parent may apply for an SGO if one of the following applies:

• They are already the child’s legal guardian
• The child lives with them because of a Child Arrangements Order
• The child has lived with them for three of the previous five years
• They are the child’s relative or a local-authority foster parent and the child has lived with them for at least one year immediately before the application
• They have the agreement of anyone named in a Child Arrangements Order as a person with whom the child is to live
• They have the agreement of everyone with parental responsibility for the child
• They have the agreement of the local authority where the child is in care
• They have the court’s permission to apply

If you are unsure whether an SGO is the right option, our Special Guardianship Order solicitors can explain the alternatives and advise you on the most appropriate next steps for your circumstances.

Further support for grandparents

Our report, The hidden crisis in grandparent-grandchild relationships, examines the scale and impact of grandparents losing contact with their grandchildren.

If you are caring for a grandchild or social services are involved, our guidance on Special Guardianship Orders and social services and care proceedings explains the legal routes and support available.