Contact with your grandchild if their parents divorce or separate
You do not have an automatic legal right to see your grandchild if a parent stops you seeing them. There may however be steps you can take to get access.
There’s a different process in Scotland and Northern Ireland.
You can try to get help in seeing your grandchild through:
- an informal, family-based arrangement with both parents
- mediation
If this does not work you can ask the court for permission to apply for a court order. You apply for permission on the same form as the court order application.
Mediation
An independent family mediator can help you and family members work out an agreement.
They will organise a ‘mediation information and assessment meeting’ (MIAM). This is designed to help families reach agreements following divorce or separation, including those involving children.
Apply for a court order
You must attend a meeting about mediation before you can apply to a court, unless you’re exempt (for example, because domestic violence is involved).
If you’ve been to a meeting and still want to apply for a court order, you need to:
- fill in the C100 application form
- send it to your nearest family court
The mediator who facilitated your mediation meeting must sign the court order to confirm you attended the meeting.
You will have to pay a £215 court fee. You may be able to get help paying the fee.
What happens next
The court will decide whether or not you can spend time with the child and if so, what sort of contact would be in the child’s interest. For example, an order might state that you can only have contact by telephone or letters (indirect contact).
The order can decide:
- where a child lives
- who a child spends time with and when
- what types of communication, such as face-to-face contact or phone calls, should take place between the child and someone named in the order
The court will always make a decision based on what is in the child’s best interests.
Further information
You can get more support and advice from: