Ensuring that the law protects the rights of grandchildren and grandparents
Vanessa Lloyd Platt presents her views on why the law needs to change in regard to the access rights of grandparents and grandchildren to have a meaningful relationship.
The issue of Grandparents Rights in the UK has become increasingly significant, as many grandparents find themselves struggling to maintain meaningful relationships with their grandchildren following family breakdowns.
As a matrimonial practitioner, who has had over 45 years’ experience dealing with divorce and family issues in England and globally, the plight of grandchildren and their relationship with their grandparents today is a subject very close to my heart and that of my practice, Lloyd Platt & Co.
The firm has assisted thousands of grandparents who have been deprived of the opportunity to see their grandchildren. In most cases, these grandparents previously had a close and loving relationship with their grandchildren, only to find themselves cut off due to family disputes, divorce, separation, or the death of their own child.
The Emotional and Psychological Impact
One of the most devastating aspects of Grandparents Rights in the UK is the unilateral decision by one party to prevent children from seeing their grandparents. The distress caused to grandchildren during this separation often occurs when they need their grandparents the most. Many grandparents do not even understand why they have been cut off, making the emotional impact of such severance immeasurable.
Past Efforts to Change the Law and Legal Rights
On 31 January 2017, a petition was started before parliament by several grandparents’ groups, which gained literally thousands of signatures, but all came to nothing when then prime minister Theresa May called a snap election. Since that time the situation for grandchildren and grandparents has worsened beyond anything anticipated and the situation cannot be allowed to continue.
The European Court of Justice Ruling
In May 2019, the European Court of Justice ruled that grandparents have a legal right to see their grandchildren. The right of access also refers to other persons with whom it is important for the child to maintain a relationship. Whilst the country has now left the EU, it is vital that these issues are incorporated firmly into British law.
Current Grandparents Rights in the UK
What rights do grandparents have, and what changes could be implemented to ensure these rights are not overlooked or dismissed? One of the biggest issues with the current system is that successive governments have assumed that grandparents and parents will naturally reach an agreement regarding contact arrangements.
However, this assumption is outdated and incorrect. Those who can agree, do so, but those who cannot are left with a legal system that is cumbersome and ineffective.
The Legal Disadvantage of Grandparents
Under the Children Act 1989, as amended, if you are a parent whose name is on the child’s birth certificate, you automatically have what is known as parental responsibility and the automatic right to apply to the family court about any issues relating to the children, such as when you see them, where they are to live, where they should be educated etc.
By stark contrast a grandparent has no automatic right whatsoever. This means that if you cannot reach agreement, your only remedy is to apply to court and, in so doing, as a grandparent, you not only have to overcome one hurdle, but two, which are imposed by the law.
The Burden of Seeking Leave to Apply
Under the Children Act, grandparents must first apply for leave (permission) from the court before they can formally apply for a child arrangements order to maintain contact with their grandchildren.
This requirement was established to filter out applications deemed not to be in the child’s best interests. However, the law makes clear that obtaining leave does not guarantee success in securing a child arrangements order.
A 2006 House of Commons briefing paper stated that the intention behind the requirement for leave was to prevent unnecessary or harmful applications. However, many practitioners believe this step creates unnecessary delays and obstacles for grandparents seeking meaningful contact.
Government Inaction on Reform
Vanessa Lloyd Platt has long campaigned on grandparents’ rights, contributing to national discussions around reform. The Family Justice Review (2010) considered whether grandparents should no longer need to apply for leave to the court.
However, when the final report was published in November 2011, it concluded that there was no need to remove this requirement. This decision has remained a point of contention, particularly for those who believe the current system places unnecessary barriers on grandparents seeking meaningful contact with their grandchildren.
The government’s position has been that the requirement for leave acts as a safeguard. It is intended to prevent applications that may be considered unmeritorious or not in the best interests of the child. This justification has underpinned the law ever since, despite ongoing calls for reform.
Barriers Created by Cost and Judicial Delays
A 2018 campaign by grandparents prompted the Justice Secretary to revisit the issue. However, the government once again declined to remove the requirement for grandparents to seek leave of the court. The decision reflected ongoing concerns about the capacity of the family justice system.
Pressures on the courts have not eased. Delays in family proceedings remain a well-documented issue, with limited judicial resources, stretched court capacity, and increasing demand continuing to impact timescales. Removing the leave requirement could lead to a significant rise in applications, placing further strain on an already burdened system.
As a result, the requirement to apply for leave remains in place. In practice, this additional step can discourage grandparents from pursuing contact, particularly where there are concerns about legal costs, delays, and the emotional impact of proceedings.
Delays Leading to Irreparable Separation
Often when a judge has to determine whether it is in the best interests of a grandchild to see their grandparents, it has been more than a year since they last saw each other because of the way the system works.
It is unpalatable that grandparents should be denied contact because the system works against them. There is a complete naivety in the presumption that everyone will agree things readily and easily, which does not happen in practice.
Legal Tests for Granting Leave
When a grandparent applies for leave, the court considers:
- The nature of the proposed child arrangements order
- The grandparent’s relationship with the child
- Whether the application could cause harm to the child
Notably, at this stage, the child’s welfare is not the paramount concern. It is only if leave is granted, and the grandparent proceeds with a child arrangements order application that the child’s best interests become the court’s main consideration.
The Proposed ‘Grandchild and Grandparent Relationship Act’
In 2018, Lloyd Platt & Co drew up amendments by inserting an appendix into the Children Act 1989. It was named ‘The Grandchild and Grandparent Relationship Act’, which we designated as an act to promote the continuing involvement of grandchildren with their grandparents and to amend the provisions of the Children Act 1989 in so far as it related to applications for child arrangements orders.
What we undertook was a change to certain paragraphs relating to Grandparents Rights in the UK and the welfare of the children and grandparents’ involvement so that grandparents could be added as interested people. This amendment aimed to:
- Promote the continuing involvement of grandchildren with their grandparents
- Remove unnecessary legal barriers for grandparents applying for contact
- Recognise grandparents as interested persons in legal proceedings concerning their grandchildren
The drafting has already been undertaken and all that is needed is for the government of the day to implement this relationship between grandchildren and their grandparents.
Why the UK Must Align with the UN Convention
What we must not lose sight of is that the UN Convention on the Rights of a Child indicates that the primary consideration in all actions concerning children should be the best interests of the child and the UN Convention very much supports the contention that grandparents should be in the lives of their grandchildren. So why are the British, who have signed up to that convention, not taken it on board or incorporated it into the law?
The UN Convention on the Rights of a Child
Under Article 5 of the Convention, parents and other guardians have responsibilities, rights, and duties to guide their children so they can properly exercise their rights as they grow.
Meanwhile, Article 4 states that governments must take all necessary measures to implement children’s rights. It is the duty of governments to incorporate the provisions set out in the Convention into domestic law, ensuring legal duties are imposed and upheld through national strategies and action plans for children.
The Best Interests of the Child
The Convention covers various aspects of a child’s life, including the right to an identity. Article 3 establishes that a child’s best interests must be the top priority in all decisions affecting them. This means all adults should consider how their decisions impact children and ensure their actions serve the child’s well-being.
Furthermore, the child’s own views and feelings must be considered when determining what is in their best interests.
Surely, one of the most significant considerations under this Convention is the right of a grandchild to maintain a relationship with their grandparents. However, not enough emphasis has been placed on the Convention’s provisions that clearly highlight this right.
The Statistics: Grandparents’ Involvement in Family Life
Grandparent-Grandchild Contact Over Time
- In 2001, nearly 60% of grandparents saw their grandchildren at least once a week.
- 10% of grandparents saw their grandchildren less than once every three months.
- 2% had no contact with their grandchildren at all.
By 2019, these numbers had risen further, reflecting the growing role of grandparents in family life.
The Role of Grandparents in Childcare and Financial Support
Research has shown that:
- One in four families rely on grandparents for some form of childcare support.
- Almost all families receive some level of financial support from grandparents.
As more women enter the workforce, grandparents are relied upon more than ever for childcare. While there has been an increase in the recruitment of au pairs and nannies, grandparents remain the first choice for many families when addressing childcare needs.
Grandparents and Care Proceedings
In cases involving local authorities, grandparents are often not consulted early enough when children are placed for adoption or taken into care. By the time grandparents are considered, decisions have already been made, leaving them unable to participate in the process.
The Emotional and Social Impact
Under the current system, thousands—if not millions—of grandparents feel ignored, undermined, and unappreciated for the role they play in their grandchildren’s lives. Meanwhile, grandchildren who are cut off from their grandparents often feel abandoned and struggle to understand why they have been severed from such an important relationship.
Grandparents’ Rights in Other Countries: A Comparative Approach
In other countries, the only issues relating to grandparents appears to be how to decide the time adequately and sensibly in instances where two parents have split up and both want to see their children as much as possible, whilst at the same time allocating adequate contact for the grandparents with their grandchildren.
The way in which many states have dealt with this issue is to deal with each situation on a case-by-case basis, looking at the circumstances of each case and what time is available and what benefits the grandparents can bring to that equation.
In California, Florida and many other US states, they have managed to very successfully divide the time between such parties and have not ever felt the need to impose the requirement for leave.
When leave applications are issued for grandparents to have contact, the first preliminary hearing can easily filter out inappropriate claims, so there is no loss of momentum to the grandparents concerned. As with Grandparents Rights in the UK, this equally applies in all other countries.
Grandparents Survey: Understanding the Challenges
In March 2022, my firm sponsored a Grandparents Survey with Savata to establish clearly the extent of the difficulties faced by grandparents in regard to seeing their grandchildren.
The survey showed that younger grandparents are more likely to be prevented from seeing their grandchildren than grandparents who are 50+ years old. A fifth of grandparents were worried about being prevented from seeing their grandchildren, this goes up to two-thirds amongst those under the age of 40.
The Impact of Restricted Contact
Among the grandparents who have been prevented from seeing their grandchildren, the majority had been prevented from seeing one or two of their grandchildren, at least. The main person preventing grandparents from seeing their grandchildren was either their child or their son’s wife or partner.
Over half of the grandparents had been in touch for more than a year with their grandchildren before contact was stopped and almost 50% had been prevented from seeing their grandchildren for over a year.
Almost three in four were close to their grandchildren prior to contact being stopped, with grandparents under 70 years old having the closest relationships. A personal disagreement or argument was the main reason for which a third of all grandparents were stopped from seeing their grandchildren.
Efforts to Maintain Connection
Despite being denied contact with their grandchildren, nearly eight in ten grandparents tried to maintain contact with their grandchildren. The majority tried to talk to their grandchildren, write to them or send them presents.
The majority of grandparents were penalised for attempting to contact their grandchildren. Before they were denied contact with their grandchildren, most grandparents were spending time with them and felt financially or emotionally involved.
Two-thirds of all the grandparents surveyed felt there was not enough awareness of the pain caused to both them and their grandchildren due to not having each other in their lives.
Almost nine in ten grandparents felt that it should be the right of every grandchild in the UK to have their grandparents involved in their lives, mirroring the UN Convention on the Rights of a Child.
The Wider Scale of the Issue
The survey also went on to demonstrate that at least two million grandparents were being deprived of the opportunity of seeing at least one or two of their grandchildren. Across the board, this means that there could be in excess of four to five million grandchildren prevented from seeing their grandparents. This is at a time when mental health issues impacting children have never been higher and the need for the support of grandparents is ever more important.
The Fight for Legal Reform of Grandparents Rights in the UK
Vanessa continues to fight for the law to change and to be simplified. And for there to be the setting up of an independent court, and alternatives to court proceedings like family mediation, to hear grandparents’ cases on a daily basis to get rid of the huge backlog of cases waiting to be heard by the court.
Grandparents need access to grandchildren as soon as possible so they can be united in the best interest of every grandchild in this country.
Contact Lloyd Platt & Co family law solicitors today by calling 0208 343 2998 or filling in our online enquiry form to speak to one of our expert solicitors about Grandparents Rights in the UK.
Reviewed by Simon Wolman
Simon Wolman is a family law solicitor specialising in divorce, financial remedies, and children matters. He has experience in high net worth cases, forensic financial investigations, and complex children disputes. Simon holds a Law degree from De Montfort University, was called to the Bar in 2001, and qualified as a solicitor in 2007. He also holds a Master’s in Child Law and Policy.
