Following the relationship breakdown of parents, it can be emotionally difficult not only for the parents but also for grandparents. Often, grandparents are prevented from seeing their grandchildren for a variety of reasons and this can be a devastating and confusing time. In this blog, our family law specialists discuss what rights grandparents have and the steps to be taken if you have been denied seeing your grandchildren.
What rights do grandparents have?
It is recognised that grandparents can play an important role in the lives of their grandchildren.
A common misconception is that grandparents have an automatic legal right to apply for a Child Arrangements Order for their grandchildren.
Grandparents must first ask the court for permission before making such applications.
What happens if we are being prevented from seeing our grandchildren?
Usually, if you are being prevented from seeing your grandchildren, before considering court proceedings, it is encouraged that you attempt to resolve things directly with the parents. If this is not possible, seek practical legal advice from our specialist lawyers.
Do grandparents have the right to apply for a court order?
Yes, they can apply for a Child Arrangements Order but first must seek the court’s permission before a Child Arrangement application can be made. A Child Arrangements Order regulates with whom a child spends time or otherwise has contact with and when.
When seeking permission, the Court will consider various factors, such as:-
- The nature of the application
- The grandparents connection with the child
- Any potential risk that might arise for the child if the proposed order or any subsequent order were to be made.
This type of order can be as specific or as broad as it needs to be depending on the individual circumstances of the case.
What does the court taking into consideration?
The court’s utmost priority is what is the child’s best interests and the court will assess if contact would benefit the child’s well-being.
Contact us
If you require further advice, please do not hesitate to get in touch here to arrange your free initial consultation with one of our family lawyers today.