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Do grandparents have a right to see their grandchildren?
In England and Wales, unlike parents, grandparents do not have automatic legal rights concerning their grandchildren. This means that you do not have the right to demand contact or make decisions on behalf of their grandchildren. So, parents can keep children away from grandparents if they choose to.
However, you can try to get access to your grandchildren through an informal arrangement or via a court order.
What can I do if I’m not allowed to see my grandchildren?
It is not uncommon for grandparents to be denied access to their grandchildren. There are many reasons which lead to this, the most common being disputes or disagreements with the parents or a divorce or family breakdown. Many grandparents play a key role in the upbringing of their grandchildren. A difficult and distressing consequence of family and relationship breakdown can be children losing or being deprived of time with their grandparents and other close relatives.
If the matter cannot be resolved directly with the parents, the next step is to try mediation.
What is Mediation?
Mediation involves sitting down with a neutral third party to discuss and try to resolve issues amicably. This process can help in re-establishing trust and understanding among family members, and potentially avoid the need for legal action.
An independent family mediator can help you and family members work out an agreement. They will organise a ‘mediation information and assessment meeting’ (MIAM). This is designed to help families reach agreement.
The following link will help you to find a local mediator: Find your local mediator - Family Mediation Council
What if mediation does not work?
If mediation proves unsuccessful or is not a suitable option for your circumstances, you can then consider the legal route to secure your rights to see your grandchildren.
You can ask the court for permission to apply for a court order. A Child Arrangements Order is a legal decree which states how often and under what circumstances a child should spend time with someone. This can include in-person visits, telephone calls, or online communication.
The court will always consider the child’s best interests when making any decision. If the court believes that it is in the best interests of the child to spend time with their grandparents, a Child Arrangements Order will likely be granted.
How do I apply for a Court Order?
If you’ve been to a mediation meeting and still want to apply for a court order, we would recommend that you seek legal advice from a qualified lawyer with experience in family and children law matters.
For grandparents in the UK seeking to establish or maintain a connection with their grandchildren several types of court orders are available. The type of order that may be suitable largely depends on the circumstances of each individual case.
The most common are :
Child Arrangements Order, which specifies where a child will live as well as when and how a child spends time with others.
Specific Issue Order This type of order is made when a particular matter is disputed about a child’s upbringing, such as education or medical treatment.
Prohibited Steps Order his prevents a particular action from being taken in relation to the child without the consent of the court, such as moving abroad.
How can Pickerings Solicitors help me as a grandparent?
We have a team of four solicitors who specialise solely in children law. They are familiar with the workings of the family courts and can advise you on the likely outcome on prospects of success in relation to your individual circumstances.
Solicitors can advise on the options which are open to you and the best course of action meet to your desired outcome.
They understand the importance that you attach to seeing your grandchildren and can advise on the best way to go about this depending on your particular circumstances.
Call us today on 01827317070 or e-mail family@pickerings-solicitors.com
Read Richard's blog here https://www.pickerings-solicitors.com/site/blog/pickerings-solicitors-blog/legal-rights-grandparents-uk#
