
The Difference Between Legal Custody and Physical Custody in the UK
When families in the UK go through separation or divorce, one of the most important issues they must navigate is child arrangements. Although the UK
Grandparents are the family members who are usually the forgotten casualties of a divorce or separation. Nowadays, most play a fundamental role in their grandchildren’s lives but often are forgotten or sidelined when considering the child arrangements upon a divorce or separation.
However, grandparents have rights under the Children Act 1989 to apply for a Child Arrangement Order which would set out the time that they can spend with their grandchildren. This is especially important if one spouse is being denied to spend time with their child. At least the child can retain some family link with that parent. Leave of the court is required before any application can be pursued, but this is rarely refused if a commitment can be shown.
Grandparents are also able to try and resolve matters through the less costly and less stressful route of mediation and collaboration.
For more information, please get in touch with us by using info@shortlands.co.uk or call us 02076299905 or book an initial online consultation.
Shortlands is a boutique family law firm with over 20 years of experience in dealing with the trials and tribulations of a divorce and all family law matters. As a result, we have become the first choice of family law specialists in London.
Our professional and highly experienced team of family lawyers can assist you in your legal matters with full respect, ensuring you maintain a private family life. For more extensive advice and information, please email info@shortlands.co.uk or call us 02076299905 or book an initial online consultation.
Unfortunately, grandparents do not have automatic legal rights to contact under English law. However,the courts do recognise the important contribution that grandparents can make to a child’s life and will usually be in favour of contact between the grandparent and grandchild where it is considered to be in the best interests of the child. Applications can be made with the court’s permission if necessary.
The first step is usually to attempt agreement through discussion or mediation. If this is not possible, grandparents can apply for a Child Arrangements Order after obtaining the court’s permission. We assist with preparing your case and demonstrating the importance of your relationship with the child.
The court will consider the nature of the existing relationship between the grandparent and grandchild, the needs of the child and the extent to which contact will facilitate the child’s emotional and developmental needs. The reason for any refusal or lack of consent to contact will also be taken into account. The focus is always on what is best for the child.
Where the parents of a child are unable to provide safe or appropriate care, grandparents (and other relatives) may be able to apply for either a residence order or special guardianship order. Both of these orders confer legal responsibility on the grandparents/grandchild relationship and provide stability and permanence for the child. We help assess the best legal route based on your circumstances.
If informal attempts fail, legal steps can be taken to re-establish contact. The court can be used to protect the child’s relationship with grandparents where it is considered to be in the child’s best interests. We can support and guide you through this process, whether it involves negotiation or court applications where necessary.

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