As family courts across England and Wales undergo significant changes this year, we explore what the latest reforms mean for grandparents seeking to maintain contact with their grandchildren.
Grandparents are often the quiet constant in a child's life. They provide stability, assist with the school run, and offer vital emotional support during times of family strain. Yet, when a family breaks down, the relationship between a grandchild and their grandparents is frequently one of the first to be disrupted.
For many grandparents, suddenly losing this connection is devastating. While the legal route back into a child’s life is well-established, 2026 has brought substantial shifts to the family justice landscape. At D&A Solicitors, our family law team is closely monitoring these reforms to ensure our clients receive the most up-to-date and pragmatic advice.
The 2026 Reforms: What is Changing?
This year has seen a series of proposed and implemented changes that will directly impact how private law children proceedings are handled:
The End of the Presumption of Parental Involvement: Parliament intends to remove the legal presumption that involving both parents in a child's life is automatically in their best interest (Clause 17 of the Courts and Tribunals Bill). While this aims to place parents and grandparents on a slightly more equal footing regarding the child’s welfare, it does not remove the initial legal hurdles for extended family members.
The Rollout of Child Focused Courts: Following successful pilots, the Child Focused Courts model is being expanded across England and Wales. This system aims to resolve matters within a much shorter timeframe—typically 12 weeks—relying heavily on early 'Child Impact Reports' to bring the child's lived experience to the forefront from day one.
A Review of Kinship Care: For grandparents who have stepped up to become primary carers, the Law Commission is currently consulting on the creation of a single 'Kinship Care Order' to simplify the complex web of existing legal frameworks and parental responsibility agreements.
The 'Permission' Hurdle Remains
Despite these systemic changes, one critical barrier remains firmly in place. Unlike parents, grandparents do not have an automatic right to apply for a Child Arrangements Order. You must first apply to the court for 'leave' (permission) to make your application under Section 10(9) of the Children Act 1989.
When deciding whether to grant this permission, the court will look closely at your connection with the child, the nature of your application, and whether your involvement might disrupt the child’s life to the point of causing harm.
Why Early Preparation is Now Critical
The expansion of the Child Focused Courts means the judicial process is moving considerably faster. For grandparents, this means your case must be thoroughly prepared and evidence-led from the very beginning.
If your relationship with your grandchild is to feature in the early Child Impact Reports, you cannot afford to slowly develop your arguments over a series of hearings. You must present concrete evidence of your bond, a clear history of care, and well-thought-out proposals that address any potential objections from the resident parent.
Constructive Support from D&A Solicitors
The most effective way to restore contact is often to avoid the courtroom entirely. Guided by the principles of Resolution, D&A Solicitors strongly advocates for constructive, non-confrontational methods that minimise stress for everyone involved.
Our in-house Family Mediation services provide a safe, neutral space to rebuild communication with the child's parents. By proposing sensible, staged plans—such as starting with indirect contact or using a neutral third party for handovers—we can often help families reach voluntary agreements that protect the child’s stability.
If court becomes the only viable option, our expert team will ensure your application for leave is robust, evidence-backed, and tailored to the fast-paced requirements of the modern family court.
If you are struggling to maintain contact with your grandchildren, please reach out to our Birmingham-based Family Law team to discuss your situation in confidence.
Call us on 0121 523 3601
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