Grandparents and family mediation
Key facts
- Grandparents can use family mediation to agree contact with their grandchildren, without going to court.
- Grandparents do not have an automatic legal right to contact, but courts recognise the value of the relationship.
- Before applying to court for a child arrangements order, most grandparents need the court’s permission, known as leave.
- The rule on leave comes from section 10 of the Children Act 1989.
- Mediation is usually quicker, calmer and less costly than court, and helps keep family relationships intact.
When a family separates, or when relationships break down, grandparents can suddenly find it hard to see grandchildren they are close to. This is painful for everyone, above all the children. This guide explains how grandparents can use mediation to rebuild contact, what the law says about grandparents’ position, and the extra step of asking the court’s permission if mediation does not work.
Grandparent contact is part of the wider question of child arrangements. Mediation is often the best first step, because it works with the family rather than forcing a decision on it.
Do grandparents have a right to see their grandchildren?
There is no automatic legal right for grandparents to have contact with their grandchildren. That surprises many people. What the law does recognise, though, is that grandparents often play an important part in children’s lives, and courts are generally sympathetic to keeping those relationships going where it is safe and in the child’s interests.
So the starting point is not a right, but a relationship worth protecting. The best way to protect it is usually to reach agreement with the child’s parents rather than to fight them. That is exactly what mediation is designed to help with.
How mediation helps grandparents
Family mediation gives grandparents and parents a calm, neutral space to talk. Often the loss of contact is caught up in a wider family conflict, and a mediator can help separate the grandchildren’s needs from the adults’ disagreements. The conversation can cover how often visits happen, whether they are supervised, phone or video contact, and how to rebuild trust gradually.
Because mediation is voluntary and confidential, it tends to protect relationships rather than damage them further. A court case between grandparents and parents can leave lasting bitterness. An agreement reached together is far more likely to last and to keep the wider family on speaking terms. If the situation is especially tense, it may help to read about mediation in high-conflict separations and, where safety is a concern, how mediation handles domestic abuse.
Grandparents sometimes worry that suggesting mediation looks like admitting there is a problem, or that it gives the parents a chance to say no. In truth, an invitation to mediate is usually received far better than a solicitor’s letter or a court form. It signals that you want to talk rather than fight, and it keeps the door open for the children, who very often want to keep seeing grandparents they love.
What grandparent contact can look like
There is no standard template for grandparent contact, and that is a good thing, because families differ. For some, it means a regular afternoon or overnight stay. For others, especially where trust is still being rebuilt, it might start with a shorter, less frequent visit and grow over time. Phone and video calls, help with the school run, or simply being at family occasions can all be part of the picture. Mediation lets you shape something that fits your particular family rather than forcing it into a fixed pattern.
It also helps to be realistic and patient. If contact has broken down amid a wider family conflict, the parents may need reassurance that grandparent time will support their arrangements rather than cut across them. Showing that you respect the parents’ role, and that your focus is the grandchildren rather than the argument between the adults, often does more to restore contact than any formal step.
Applying to court: the permission stage
If mediation does not lead to agreement, grandparents can apply to court for a child arrangements order allowing contact. There is an extra step first. Unlike parents, most grandparents do not have an automatic right to apply, so they must ask the court for permission, known as leave, before the main application can proceed.
When deciding whether to grant leave, the court looks at things like the grandparent’s connection with the child and whether the application might harm the child’s wellbeing. In practice, permission is often granted where there is a genuine existing relationship. As with other children applications, grandparents normally need to attend a MIAM first, and the application itself is made on the C100 form.
Section 10 of the Children Act 1989 sets out who may apply for a section 8 order, such as a child arrangements order. Grandparents are not usually entitled to apply as of right, so they must first obtain the court’s leave (permission) under section 10(9). In deciding, the court considers the nature of the proposed application, the applicant’s connection with the child, and any risk of the application disrupting the child’s life to the point of harm. If leave is granted, the application is then decided with the child’s welfare as the paramount consideration under section 1.
A note of reassurance
Needing the court’s permission does not mean the door is closed. It is a first hurdle, and it is frequently cleared where a real relationship exists. Many grandparents never reach this stage, because mediation resolves things first.
What grandparent contact disputes are usually about
Grandparents lose contact for a range of reasons, and understanding the cause helps in finding a way back. Often it follows a parental separation, where one parent’s family drifts out of the picture. Sometimes it comes after a bereavement, when a grandparent on the side of a parent who has died struggles to keep seeing the children. It can grow out of a wider family falling-out, or from a parent’s worry about the grandparent’s influence. Occasionally there are genuine safeguarding concerns that need to be taken seriously. Naming the real issue, rather than arguing about contact in the abstract, is usually the first step towards rebuilding it.
Rebuilding contact step by step
Where trust has been strained, contact often works best rebuilt gradually rather than all at once. A staged approach reassures the parents that grandparent time will support their arrangements rather than cut across them, and it lets the children settle at their own pace.
| Stage | What it can look like |
|---|---|
| Staying in touch | Cards, letters, small gifts and messages passed on by the parent |
| Video and phone | A regular short call, at a time that fits the children’s routine |
| Short visits | An afternoon or an outing, at first with a parent nearby if that helps |
| Regular contact | A settled pattern, such as a fortnightly Saturday or a school-run day |
| Overnight stays | Where it suits the children and the parents are comfortable |
A mediator can help agree the pace and the pattern, and put it in writing so everyone knows what to expect. This is the same territory as wider child arrangements, just from the grandparents’ side.
When grandparents are raising the grandchildren
Some grandparents do far more than visit, taking on the day-to-day care of a grandchild when a parent cannot. This is often called kinship care, and it can be recognised in different legal ways. A child arrangements order can state that the child lives with the grandparent, which gives them parental responsibility while the order lasts. In more permanent situations, a special guardianship order gives a grandparent stronger, longer-term authority to make decisions, while the child keeps a legal link to their parents. These are bigger steps than contact, and a solicitor can advise on which fits, but mediation can still help the wider family agree how it will work in practice.
Preparing for mediation as a grandparent
A little preparation makes grandparent mediation calmer and more productive. It helps to be clear about what you are asking for and to keep it modest and child-focused, for example a regular visit or a video call, rather than a long list. Showing that you respect the parents’ role, and that your concern is the grandchildren rather than any argument between the adults, tends to open doors that a solicitor’s letter would close. As with other children matters, grandparents normally attend a MIAM before any court step, and it can help to read about mediation in high-conflict situations if feelings are running high.
Keeping the focus on the grandchildren
The strongest position a grandparent can take is also the simplest: to keep the children at the centre of everything. Contact disputes between grandparents and parents are usually tangled up with adult hurt, and children feel that tension keenly. Showing, in words and actions, that you are not trying to take sides in the parents’ disagreement, and that you only want to keep loving and supporting the grandchildren, tends to lower the temperature and reopen doors. In practice that can mean accepting a slower start than you would like, respecting the parents’ routines and house rules, and never asking the children to carry messages or take sides. Grandparents often provide something children value enormously during a family upheaval: a steady, loving presence that sits a little apart from the conflict. Protecting that role, rather than fighting for a fixed amount of time, is usually what keeps it alive. Mediation gives the whole family a calm place to find that balance, and the agreements reached there tend to hold because everyone had a hand in shaping them.
It also helps to be patient about pace and generous about the parents’ worries. If contact broke down amid a wider family conflict, the parents may need real reassurance that grandparent time will fit around their arrangements rather than undercut them, that house rules will be respected, and that the grandchildren will not be drawn into adult disagreements. Offering that reassurance, and meaning it, often does more to restore contact than any formal step. Where a grandparent has been a regular carer, for example doing the school run or providing after-school care, keeping some version of that practical support going can reassure everyone that the priority is genuinely the children. A short written understanding, reached in mediation, that sets out how often visits happen and how they will work, gives the parents confidence and gives the children the steady, loving grandparent relationship that helps them through a difficult time.
After their son’s separation, Margaret and Ray lost contact with their two grandchildren, who they had looked after every week. Rather than rush to court, they suggested mediation. Their former daughter-in-law was wary at first, but the neutral setting helped. Over two sessions they agreed a fortnightly Saturday visit and a weekly video call. The children kept their grandparents, and the adults avoided a court case that could have divided the family for years.
Frequently asked questions
Do grandparents have automatic rights to contact?
No. There is no automatic legal right for grandparents to see their grandchildren. However, courts recognise the importance of the relationship and will consider contact where it is safe and in the child’s interests.
Can grandparents use family mediation?
Yes. Grandparents can attend mediation with the child’s parents to agree contact. It is usually quicker, calmer and less costly than court, and it helps protect family relationships.
Do grandparents need permission to apply to court?
Usually yes. Most grandparents must first ask the court for leave under section 10 of the Children Act 1989 before applying for a child arrangements order. Permission is often granted where a genuine relationship exists.
Do grandparents have to attend a MIAM?
In most cases yes. Like other applicants in children matters, grandparents normally need to attend a Mediation Information and Assessment Meeting before applying to court, unless an exemption applies.
What if the parents refuse mediation?
Mediation is voluntary, so parents cannot be forced to attend. If they will not take part, a grandparent can still ask the court for permission to apply, guided always by the child’s welfare.
Can grandparents get a child arrangements order to see grandchildren?
Yes, but most grandparents must first ask the court for permission, known as leave, under section 10 of the Children Act 1989. If leave is granted, the court then decides contact on the child’s welfare. Many grandparents never need this because mediation resolves things first.
What is a special guardianship order?
It is a court order that gives a carer, often a grandparent, stronger and longer-term authority to make decisions for a child they are raising, while the child keeps a legal link to their parents. It is used where a child needs a permanent home outside their parents’ care.
Can grandparents apply for a grandchild to live with them?
In some situations yes, for example through a child arrangements order stating the child lives with them, or a special guardianship order. These are significant steps, usually taken with legal advice, and the child’s welfare guides the decision.
How long does grandparent mediation usually take?
Often just one or two sessions, after each person has attended an initial meeting. Because it works with the family rather than forcing a decision on it, agreements reached in mediation tend to last and keep the wider family on speaking terms.
Sources
- Children Act 1989, section 10, legislation.gov.uk. Accessed 9 July 2026.
- Children Act 1989, section 8, legislation.gov.uk. Accessed 9 July 2026.
- GOV.UK, Making child arrangements if you divorce or separate, gov.uk. Accessed 9 July 2026.
