Grandparents' Custody and Contact Rights in Wales

Grandparents in Wales do not have an automatic legal right to see their grandchildren. Unlike parents, who hold Parental Responsibility, grandparents must apply to the court for permission before they can even file for a contact order.

This two-step process — first getting the court's leave, then applying for the order itself — can feel like an unfair barrier. But it exists because the law treats court intervention as a last resort: the Children Act 1989 operates on the principle that the court should only make an order if doing so is demonstrably better for the child than not making one.

Step 1: Applying for Leave (Permission)

Before a grandparent can apply for a Child Arrangements Order to spend time with their grandchild, they must apply to the court for "leave" — permission to make the application. This is a separate hearing.

When deciding whether to grant leave, the judge considers:

• The nature of the proposed application — what specifically the grandparent is asking for (regular contact, holiday time, etc.)
• The grandparent's connection with the child — how involved they have been in the child's life to date
• Whether the application would disrupt the child's life — the court will not grant leave if the application itself would be harmful to the child, even before the merits are considered
• The wishes of the parents — particularly if both parents object, the grandparent will need a strong case for why contact serves the child's welfare

In practice, leave is granted in the majority of cases where the grandparent has an established relationship with the child. It is most commonly refused when there has been no meaningful relationship, or when the application appears to be driven by a dispute between the grandparent and one of the parents rather than genuine concern for the child.

Step 2: The Contact Order Application

Once leave is granted, the grandparent files a C100 application for a Child Arrangements Order specifying "spends time with" — the legal equivalent of a contact order.

The court then applies the same welfare checklist used in any custody case:

• The child's wishes and feelings (considering age and understanding)
• The child's physical, emotional, and educational needs
• The likely effect of any change in circumstances
• Any relevant characteristics (age, background, culture)
• Any harm the child has suffered or is at risk of suffering
• The capability of the grandparent to meet the child's needs
• The range of powers available to the court

In Welsh Pathfinder courts, Cafcass Cymru will produce a Child Impact Report that may include the child's views on their relationship with the grandparent.

When Grandparents Can Apply Without Leave

There are limited circumstances where grandparents don't need leave:

• If the child has lived with the grandparent for at least three years (not necessarily consecutive, but within the last five years)
• If the grandparent has consent from everyone with Parental Responsibility
• If the grandparent is named in a current Child Arrangements Order as someone the child lives with
• If the local authority has the child in care and the grandparent has the consent of the local authority

Strengthening Your Case

If you're a grandparent seeking contact, the strongest evidence includes:

• Evidence of an existing bond — photographs, messages, records of regular visits, school pick-ups, childcare arrangements
• The child's perspective — if the child is old enough to express views, Cafcass Cymru will capture them directly
• Stability and consistency — showing that you can offer a safe, nurturing environment that complements the child's existing routine
• Willingness to cooperate — courts look favourably on grandparents who support the parent-child relationship rather than undermining it

The worst thing a grandparent can do is criticise one or both parents in court. Even if you believe a parent is making poor decisions, framing your application around the child's need for your relationship — not the parent's failings — produces better outcomes.

For parents navigating extended family contact as part of a parenting plan, the Wales Child Custody & Parenting Plan Guide includes a section on managing grandparent and extended family arrangements within the Welsh family court framework.

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