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Fosters Solicitors

Do I have any rights as a grandparent?

When families break down, grandparents can often get caught in the crossfire and be denied the opportunity to see their grandchildren.

Unfortunately, there is no legal right to see your grandchildren under the law of England and Wales. Whilst it is always best to see if you can communicate with the parents to agree contact, sometimes the relationship has broken down to the point that court is the only option. Before an application for court can be made, mediation must be considered. If this is deemed inappropriate or unsuccessful, the mediator will issue a certificate that will enable you to make an application to court.

There is no automatic right for a grandparent to make an application to the court as they do not have parental responsibility. If the parents do not give you permission to see your grandchildren, you must seek permission from the court, called “leave”, to make an application for a Child Arrangements Order.

Whilst this seems a daunting barrier, the court often recognises the important role grandparents play in the lives of their grandchildren. Unless there is evidence of violence or abuse, the court is likely to grant permission.

The court will consider:

  1. The reason for the application.
  2. The relationship between the grandparent applicant and their grandchild(ren).
  3. How the application may affect the child’s welfare.

If the court grants you leave, your application will be considered by the court. Getting leave does not mean your application for a Child Arrangements Order will be successful. The court will need to very carefully consider what is in your grandchild/children’s best interests. If the parents object to your application, you may need to attend a full hearing at court where both sides evidence will be heard.

The court’s primary objective will be that the child’s welfare is paramount. It will look at all the circumstances of the case and only make an order if this is better than making no order at all. Due to the limited rights grandparents have and the complexity of this two-stage application, it is beneficial for grandparents to seek legal advice to successfully guide them through this process. Whilst the first stage would be to try and resolve this issue for you out of court, if legal proceedings are necessary, it is vital you have to correct team by your side. If you would like to discuss this further with one of our team, please get in touch.

 

How we can help you as a grandparent

 

Fosters Solicitors can help with a variety of family law matters. As a grandparent, we can assist and support you with matters such as seeking contact with your grandchildren, advice surrounding special guardianship orders and how you might be able to support your children during their separation.

We offer legal aid when eligible. Please contact us for a legal aid assessment if you think you might be eligible.

If you are not eligible for legal aid, we offer a fixed fee appointment where you can receive comprehensive legal advice during a one-hour appointment, with any paperwork considered beforehand. If you wish to instruct us on an ongoing basis, we charge at an hourly rate.

If you are worried about your legal costs, please speak with us and we can look at how we can support you, such as offering payment plans.

Please call us on 01603 620508 or complete our online enquiry form.

For our free Grandparent Guide to Family Law, please click this link.

 

This article was produced on the 4th October 2024 by our Family & Children team for information purposes only and should not be construed or relied upon as specific legal advice.

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