Grandparents’ Rights
Grandparents’ Legal Rights
When a relationship breaks down and a couple separates, the impact can be felt across the wider family. Grandparents can find themselves unexpectedly cut off or restricted in the time they spend with their grandchildren. While this can be deeply upsetting, there are constructive steps that grandparents can take to maintain these important relationships. Our experienced Family Law team is here to guide grandparents through such difficult situations, advise on how to best re-establish contact and minimise the risks of problems arising in the future.
Our trusts and estates team can guide grandparents as to how best to provide financially for their grandchildren in their Wills.
Do grandparents have any legal rights?
Under the law of England and Wales, grandparents do not have the automatic right to see their grandchildren unless they have been granted parental responsibility by the court by the means usually of a “live with” or “shared care“ order under the Children Act 1989. However, the courts recognise the valuable role that grandparents often play in a child’s life. Each case does turn on its own facts and the role the grandparents played in a child’s life prior to the separation of the parents will be important. The court makes decisions based on the children’s welfare. The children’s welfare is the paramount criteria for the court.
Resolving disputes outside of court
In most cases, the first step is to try to reach an agreement directly with the child’s parents or guardians. This approach is usually the least stressful and offers the best chance of preserving a positive relationship with the family.
If you are unable to agree, you may wish to engage the help of a mediator. Mediation provides a neutral setting where everyone involved can share their views and work towards a solution. Before you can apply to the court, you are generally expected to show that you have attempted to resolve the matter through mediation. A qualified mediator will guide you through the process and offer practical support to help keep discussions constructive.
Applying to the court for contact
If mediation does not lead to an agreement, or if communication has completely broken down, you may need to make an application to the court.
For grandparents, this is usually a two-stage process. First, you will need to apply for the court’s permission to bring your case. The court will consider various factors such as the grandparents’ connection with the child, the nature of the application and if any contact with the grandparents would be harmful in any way to the child.
If permission is granted, you can then apply for a Child Arrangements Order (sometimes referred to as a Contact Order) which, if successful, will provide a legal framework for spending time with your grandchildren.
Where parents object to contact, the court will arrange a number of hearings to resolve matters. During this process, you will be expected to demonstrate that you have an ongoing and meaningful relationship with your grandchild and that maintaining contact is in the child’s best interests. The court will undertake a child centred safeguarding assessment by one of the court’s own social worker teams, known as CAFCASS, if court proceedings are issued.
It is important to be aware that the court’s primary focus will always be on the child’s welfare. Time with grandparents is usually organised around the arrangements the child has with their parents. This can require a delicate balance, and we can help you present your case clearly and sensitively.
How our solicitors can help
We understand how distressing it can be to face barriers to seeing your grandchildren, especially during holidays and festive periods such as Christmas and Easter. Our solicitors can offer grandparents clear, practical advice on their legal rights. We can support you through mediation, prepare your application to the court and represent you throughout the process if needed.
To speak with one of our family law specialists about grandparents’ rights, please get in touch. Call us on 01483 887766, email us or start a live chat.