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Family

Can grandparents get court-ordered contact if one of their own children has passed away?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. The death of the grandparent's own child - the grandchild's parent - doesn't remove a grandparent's ability to apply for contact; if anything, courts are often sensitive to the value of maintaining a grandchild's connection to their deceased parent's side of the family, since that relationship can carry particular emotional and identity significance for the child. The legal test remains the same as any other grandparent contact application: showing a genuine relationship with the child and that continuing contact serves the child's best interests.

The surviving parent's position matters a great deal here, as it does in any grandparent application - a supportive surviving parent typically makes arranging contact straightforward without needing a court order at all, while an objecting surviving parent turns it into a contested application where the grandparent needs to show the relationship's value clearly outweighs whatever concerns the surviving parent raises. Given the emotional weight of these situations for everyone involved, grandparents in this position are often better served starting with direct conversation or mediation before moving to a court application, though a lawyer can advise on when a formal application is the more realistic route.

Key takeaways

  • The death of a grandparent's own child doesn't remove their ability to apply for contact with a grandchild.
  • Courts are often sensitive to preserving a child's connection to a deceased parent's side of the family.
  • The surviving parent's support or objection significantly shapes how straightforward the process is.
  • Mediation or direct conversation is often a better starting point than an immediate court application.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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