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Legal basics · England & Wales
Can grandparents or other relatives apply for a child arrangements order?
There is no automatic right for a grandparent, or any other relative, to apply. The route depends on the relationship with the child and the conditions set out in the Children Act 1989. Where agreement is possible, a written plan can often keep family relationships out of the court process.
The starting point
Grandparents do not have an automatic right to apply.
A grandparent may have an important relationship with a child, but that relationship alone does not create an automatic right to apply for a child arrangements order. The same point applies to other relatives. A person must either meet one of the conditions for applying without the court\'s permission, or ask the court for permission first.
This distinction is about permission to start the application. It is not a judgment about how much a relative matters to a child. If the family can agree safe, workable arrangements, mediation and a written parenting plan can be a calmer route than an application. The UK parenting plan template can help a family set out regular time, special occasions and contact with relatives in writing.
If the family is already dealing with a child arrangements order, the guide to a broken order explains the separate question of what happens when an order is not followed. The guide to how long an order takes explains the court timetable in general terms.
Without permission
Who can apply without the court's permission?
Section 10 of the Children Act 1989 lists people who can apply without first asking the court for permission. The categories relevant to child arrangements orders include:
Parents, guardians and special guardians
These people can apply without permission.
Step-parents with parental responsibility
A step-parent with parental responsibility can apply without permission.
A person named as living with the child
This applies where an existing child arrangements order names them as a person the child lives with.
A person the child has lived with
The child must have lived with that person for 3 years or more within the last 5 years, and the living arrangement must not have ended more than 3 months ago.
Someone with the required consent
Anyone with the consent of everyone who has parental responsibility can apply without permission.
A spouse or civil partner treating the child as family
For a child arrangements order, this is another category that can apply without permission.
These categories have precise wording. If a person is unsure whether a condition fits, a family solicitor, Advicenow or Citizens Advice can explain where to get advice. The general information here cannot decide which route applies to one person.
A separate relative route
One-year living arrangement.
There is a separate provision for a relative who wants to apply for a child arrangements order saying that the child lives with them. The child must have lived with that relative for 1 year or more immediately before the application.
This is a specific route for a specific type of order. It does not mean that every relative can apply for any child arrangements order without permission. The wording matters, including the kind of order being sought and the period the child has lived with the relative.
For the wider picture of what a child arrangements order covers, see Child arrangements orders, explained. If the issue is how to apply, the C100 form and MIAM guide covers the substantive application after the permission question.
If permission is needed
Ask the court first using form C2.
Everyone else needs the court\'s permission, also called leave, before starting the substantive application. The form for asking is C2, and the fee is £270.
The court weighs three matters when considering permission: the nature of the proposed application, the applicant\'s connection with the child, and any risk that the proposed application would disrupt the child\'s life to the extent that the child would be harmed by it.
Those questions help the court consider both the proposed application and the child\'s connection with the person asking. They are not a prediction of permission, and they are not a replacement for advice about the facts of a particular family.
After permission is granted, the substantive application is the C100. If permission is not needed, the substantive application is also the C100. The two stages should not be confused: C2 asks whether the application may begin, while C100 is the application for the child arrangements order itself.
Agreement where possible
Keep family time clear without going to court.
Where it is safe and suitable, mediation can give the adults a structured way to discuss arrangements. A written parenting plan can then record what everyone has agreed, including how grandparents and other trusted relatives will stay in the child\'s life.
A plan can name the people to keep in touch, the days or occasions they have agreed, and how changes will be discussed. It can be updated when the family agrees. It is an agreement, not a child arrangements order, so it should describe what the family has genuinely agreed rather than what one person hopes will happen.
ParentGlow can keep grandparents and other relatives as contacts in the child\'s record, and a parent can share a calendar with a trusted relative. That is a practical place to keep agreed details together. It does not decide who can apply, replace legal advice or guarantee that an arrangement will continue.
If agreement is not possible, or if there is a safety concern, get advice about the route that fits the situation. A family solicitor, Advicenow and Citizens Advice are places to start looking for real advice.
Quick answers
Grandparent and relative questions.
Do grandparents have an automatic right to apply?
No. Grandparents and other relatives do not have an automatic right to apply. They need to meet a condition for applying without permission, or ask the court for permission first.
Who can apply without the court's permission?
The people listed include parents, guardians, special guardians, step-parents with parental responsibility, anyone named as a person the child lives with under an order, people the child has lived with for 3 years or more within the last 5 years, and anyone with the consent of everyone who has parental responsibility.
Can a relative apply for a lives-with order?
A relative may apply for a lives-with child arrangements order if the child has lived with them for 1 year or more immediately before the application.
What form is used to ask for permission?
Everyone else needs to ask the court for permission first using form C2. The fee is £270. If permission is granted, or permission is not needed, the substantive application is made using form C100.
Can we agree arrangements without going to court?
Yes. Mediation and agreement can be a calmer route where it is safe and suitable. A written parenting plan can include grandparents and other relatives without a court application.
Sources checked and read 13 September 2026: Children Act 1989, section 10 · GOV.UK, apply for a court order · GOV.UK, form C2 · GOV.UK, form C100. Court forms and fees can change, so check the current position before relying on a figure.
More legal basics: When an order is broken → · How long an order takes → · Child arrangements orders, explained → · Parenting plan template → · Our parenting plan → · All guides →
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