Grandparent Access Mediation

Grandparent access disputes are emotionally complex and legally nuanced. Here are answers to the questions we hear most often.

Do grandparents have a legal right to see their grandchildren in England?

No, grandparents do not have an automatic legal right to contact with their grandchildren in England and Wales. However, courts widely recognise that a child’s relationship with their grandparents is usually beneficial to their welfare. If parents refuse reasonable contact, a grandparent can apply to the family court for a Child Arrangements Order — though they usually need the court’s permission first. Mediation is typically required before making such an application.

How can mediation help a grandparent gain access to their grandchildren?

Mediation provides a structured, neutral environment where grandparents and parents (or other guardians) can discuss the situation calmly with a trained mediator. The mediator helps identify the concerns of all parties and guides everyone towards a practical agreement — such as regular visits, holiday contact, or video calls. Because mediation is voluntary and collaborative, agreements reached tend to be respected and last longer than court-ordered judgments.

What if the parent or guardian refuses to attend mediation?

If the other party refuses to attend, your mediator will issue an MIAM certificate confirming that you attempted mediation in good faith. This certificate is required before you can apply to the family court. Courts look favourably on parties who tried mediation, and a refusal by the other side can be taken into account by the judge. We can also explore shuttle mediation, where parties don’t meet face-to-face but still negotiate through the mediator.

What is a MIAM, and do I need one as a grandparent?

A MIAM (Mediation Information and Assessment Meeting) is a private, individual appointment with one of our accredited mediators. It is your first step in the mediation process. During the MIAM, we explain how mediation works, assess whether it is suitable for your situation, and answer any questions you have. In most family law cases — including grandparent access disputes — attending a MIAM is legally required before you can make an application to court.

How much does grandparent mediation cost with Barker Mediation?

Our MIAM appointments and mediation sessions start from £125. The total cost depends on the number of sessions required and whether you attend in person or online. Most grandparent access cases are resolved in two to four sessions, making mediation significantly more affordable than legal proceedings, which can cost thousands of pounds. Legal aid may also be available — contact us to find out if you qualify.

Can mediation work if the family relationship is very hostile?

Yes. Our mediators are trained to work in high-conflict situations. If joint sessions are not appropriate at first, we can use shuttle mediation — meeting with each party separately in the same building or at different times. It allows discussions to proceed productively even when direct communication has broken down entirely. The goal is always to find a way forward for the sake of the children.

Is mediation confidential? Could anything I say be used against me in court?

Mediation is confidential. What is discussed during sessions cannot generally be referred to or used as evidence in court proceedings. This confidentiality is one of mediation’s greatest strengths — it allows everyone to speak honestly without fear that their words will later be weaponised. There are narrow exceptions, such as disclosures about safeguarding or harm to a child, but your mediator will explain these fully at the outset.

What happens if access is stopped following a bereavement, such as the death of my son or daughter?

It is a particularly painful situation we see regularly. When a parent dies, the surviving parent may restrict contact with that parent’s family — often at an already devastating time. Courts are increasingly sympathetic to grandparents in these circumstances, recognising how important it is to maintain that connection for the children’s identity and grief. Mediation can provide a gentle, compassionate way to open dialogue and establish contact, often without the need for court intervention.

How long does the mediation process take?

Mediation is considerably faster than going to court. The initial MIAM can often be arranged within a week or two of contacting us. Joint mediation sessions are typically 90 minutes, and most grandparent cases reach an agreement within two to four sessions. The entire process can often be completed within four to eight weeks — compared to court proceedings that can take a year or longer.

Can a mediation agreement be made legally binding?

The mediation agreement itself is not automatically legally binding, but both parties can choose to formalise it. A solicitor can draft a consent order, which is then submitted to the court for approval. Once approved by a judge, it becomes a legally enforceable court order. It reassures all parties of a formal arrangement without the stress and expense of contested court proceedings.

Can mediation include other family members, such as step-grandparents or aunts and uncles?

Yes. While our grandparent mediation service focuses primarily on grandparent access, the process can be broadened to include other extended family members where relevant. We will discuss the specific circumstances of your family during your initial call and MIAM to ensure the right people are included in the mediation process.

Can I get legal aid for grandparent mediation?

Depending on your financial circumstances, you may be eligible for legal aid to cover some or all of the costs of mediation. Legal aid for family mediation is means-tested. If one party qualifies for legal aid, the other party’s MIAM is often funded as well. Contact us, and we can advise you on eligibility and assist you with your application.