Family traditions and legal permissions: Grandparents’ rights this season

For many, the festive season is often seen as a time for family, togetherness and for making memories. Yet for many grandparents, Christmas can be bittersweet if they are unable to spend time with their grandchildren due to family breakdowns or disputes.

Whilst every family dynamic is different, grandparents can often play a vital role in a child’s life typically as a result of assisting working-parents with frequent wraparound care. Grandparents can offer a great deal of stability, love and much cherished traditions to a child, particularly during the festive period.

What rights do grandparents have?

Under the Children Act 1989, grandparents do not have an automatic legal right to spending time with their grandchildren, however, all is not lost as there are routes that can be taken to secure festive family time through the courts.

It is important to act early, to ensure you have sufficient time to try to put your desired arrangements in place as court is not a quick resolution.

What can grandparents do?

The court recognises the emotional bond which can exist between grandparents and their grandchildren, especially during holidays when family traditions and connections are most meaningful. However, this is not always straight-forward, if the parents refuse a grandparent contact and as such, legal intervention may be required.

Under Section 8 of the Children Act 1989, grandparents can apply for a Child Arrangements Order to spend time with their grandchildren. This order can include direct contact on specified days and times (to include during the festive period) and also indirect contact (phone calls, video calls or letters/cards).

Other orders under Section 8 of the Children Act 1989 include Specific Issue Orders (such as permission to attend a Christmas event) or a Prohibited Steps Order (to prevent a parent blocking agreed contact).

Do grandparents require permission to apply to court?

In most cases, as grandparents do not hold Parental Responbility for their grandchildren (unless a separate Special Guardianship Order or Parental Order exists), pursuant to s10(9) of the Children Act 1989, grandparents must first seek “leave” of the court to make an application. This means that grandparents would need to ask the court for permission to apply for the above orders.

If grandparents have lived with the children for a period of at least three years (this need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of an application) or have parental consent, permission may not be required.

When the court are considering whether or not to grant permission, the court will consider the following:

• The nature of the application
• Your connection and closeness of relationship with the children
• Any potential disruption to the child’s life

The welfare principle

The court’s paramount consideration is the child’s welfare. As such, pursuant to Section 1(3) of the Children Act 1989, the court will consider the following:

• The child’s wishes and feelings (subject to their age)
• Emotional needs and stability
• The importance of maintaining family relationship

Tips to avoid court

Making a court application should always be a last resort and in some circumstances, it is the only feasible option. Before applying however, grandparents should:

• Attempt mediation with the children’s parents (This is a legal requirement in most cases before court proceedings can be commenced)
• Subject to the child/children’s ages, child-inclusive mediation may also be appropriate so that the children can express their wishes and feelings
• Gather evidence of their bond with the child
• Consider festive arrangements that prioritises the child’s routine and happiness
• Set out their proposals to the children’s parents at the earliest opportunity, being mindful of any routines for the child

Making Christmas special

If successful, a Child Arrangements Order can ensure grandparents are included within festive traditions—whether it’s opening presents together, enjoying a Christmas meal, or simply creating memories that last a lifetime.