Does the Law Do Enough to Recognise Grandparents’ Rights? A 2026 Update

 

It is a question we hear frequently in our Birmingham offices: "Why do I have to fight to see my own grandchildren?" As family dynamics evolve, we ask if the legal system has kept up—and what practical steps you can take today.

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Introduction

"The law is an ass." It is a phrase often bandied about, but when you are a grandparent who has been suddenly cut out of a grandchild’s life following a divorce or family feud, it can feel like a heartbreaking truth.

We recently reviewed an excellent article on the subject: “Does the Law do enough to recognise Grandparent’s rights?” It’s a provocative question and one that touches a nerve for thousands of families across the UK.

At D&A Solicitors, we see the devastation this causes firsthand. A relationship breaks down between parents, and suddenly, the grandparents are "collateral damage," their weekly visits or Sunday lunches stopped overnight.

The article highlights a painful reality: despite years of lobbying and MPs debating the issue in Westminster, grandparents in England and Wales still do not have an automatic legal right to see their grandchildren.

So, is the law failing grandparents? And more importantly, if you find yourself in this position, what can you actually do about it?

The "Automatic Rights" Myth

One of the biggest hurdles our clients face is the shock of the legal starting line. Many assume that because they are blood relatives who have played a huge role in the child's life—perhaps even providing childcare or financial support—they have an inherent right to continue that relationship.

Legally, this is not the case. Under the Children Act 1989, parental responsibility lies with the parents. They have the right to decide who their child spends time with.

Crucially, while parents have an automatic right to apply to the court for a Child Arrangements Order, grandparents do not. You face an extra hurdle: you must first apply for "Leave" (permission) from the court just to be allowed to make an application.

Does this mean the law doesn't value you? Not necessarily. The courts generally recognise that a relationship with a grandparent is a positive thing. However, the requirement for "Leave" is there to act as a filter, preventing unnecessary interference in the nuclear family unit unless it is clearly in the child's best interests.

Is the Tide Turning? The 2026 Landscape

The article you shared raises the valid point that society has changed. The "nuclear family" is no longer the only norm. Grandparents are often primary carers, stepping in when parents are working or struggling.

While the "automatic right" campaigners haven't won a change in primary legislation yet, the Family Court atmosphere is evolving.

1. The "Welfare" Priority The courts are increasingly focused on the "Welfare Checklist." If a grandparent can show that severing the bond would harm the child’s emotional well-being, the court is likely to grant contact. The argument has shifted from "grandparents' rights" to "the child's right to a relationship with their extended family."

2. The Review of "Presumption of Parental Involvement" You may have seen recent headlines about the government reviewing the "presumption of parental involvement." While this primarily targets cases involving domestic abuse to ensure children aren't forced to see unsafe parents, it has a ripple effect. It reinforces the idea that safety and welfare trump biology. For grandparents, this is a double-edged sword: it means the court looks at the quality of the relationship, not just the blood tie. If you are a stable, loving presence in a turbulent family situation, your role becomes even more vital in the eyes of the court.

Practical Steps: How to Reconnect

If the law doesn't give you a magic key, it does provide a pathway. If negotiation with the parents has failed, here is the roadmap we use at D&A Solicitors to reunite families.

Step 1: Mediation (The Essential First Step)

Before you can fill in a single court form, the law effectively insists you try Mediation. Unless there are safety issues (like domestic abuse), you must attend a Mediation Information and Assessment Meeting (MIAM).

We cannot stress enough how valuable this is. A neutral mediator can sometimes unlock issues that solicitors’ letters only harden. It allows parents to voice their fears (perhaps they feel judged?) and allows you to reassure them that you aren't trying to "take over," you just want to be a grandparent.

Step 2: Applying for "Leave"

If mediation fails, we move to the court process. As mentioned, we must apply for permission to bring your case. The court will apply a specific test (from Section 10(9) of the Children Act), looking at:

• The nature of your application.

• Your connection with the child.

• Whether your application might disrupt the child’s life to such an extent that it would be harmful.

In our experience at D&A, if you have had a significant, ongoing relationship with your grandchild, permission is rarely refused. The courts want children to have wide support networks.

Step 3: The Child Arrangements Order

Once permission is granted, the court looks at the "Substantive Application." This is where the Welfare Checklist kicks in.

• How will the child’s emotional needs be met? (e.g., "They miss their Nana.")

• What is the likely effect of a change?

• Any harm the child has suffered or is at risk of suffering.

We help you build a dossier of evidence: photos of happy times, logs of previous contact, and examples of the support you provide. We frame your application not as your right, but as the child's need.

Indirect Contact: A Foot in the Door

Sometimes, tensions are so high that asking for overnight stays immediately is doomed to fail. We often advise starting with a "stepping stone" approach.

We can apply for an order for Indirect Contact—sending cards, letters, or having video calls. This keeps your presence alive in the child's mind without physically encroaching on the parents' space. It is often harder for a court (or a parent) to reasonably object to a birthday card than a weekend visit. It builds trust and paves the way for face-to-face contact later.

Final Thoughts: Don't Give Up

Does the law do enough? Perhaps not yet. It still places a heavy administrative and financial burden on grandparents to prove what many of us feel should be obvious: that they are essential to a child's life.

However, the law is there to be used. It provides a robust mechanism to challenge parents who are acting unreasonably.

At D&A Solicitors, we have helped countless grandparents move from being shut out to being back where they belong—reading bedtime stories, cheering on the sidelines, and providing that unique, unconditional love that only a grandparent can give.

If you are facing this heartbreaking situation, you don't have to accept "no" as the final answer. The law may not be automatic, but it is on the side of the child’s best interests—and invariably, that includes you.

Contact the D&A Family Team today to discuss your rights and your options.
Call us on 0121 523 3601 or complete the Contact Form at the top of the page.