Grandparents play a significant role in a child’s life, offering love, guidance, and support. However, there are instances where grandparents may find themselves unable to see their grandchildren due to family disputes, separation, or divorce. Understanding your rights and legal options is crucial in maintaining these vital relationships.

Do grandparents have automatic legal rights?

In the UK, grandparents do not have an automatic legal right to see their grandchildren. However, family law recognises the importance of these relationships and provides avenues for grandparents to seek contact.

What steps can grandparents take?

If a dispute arises, grandparents should first try to resolve the matter amicably with the parents. If this is not possible, the following legal routes can be considered:

Mediation

Mediation is an alternative dispute resolution method that helps families come to an agreement without involving the courts. A neutral mediator assists both parties in reaching a fair resolution regarding grandparental contact.

Applying for a court order

If mediation fails, grandparents can apply to the court for permission to apply for a Child Arrangements Order. The process involves:

  • Seeking leave of the court: Grandparents must first request permission from the court before applying for a Child Arrangements Order. Courts typically grant permission if there is an existing relationship with the grandchild and it is in the child’s best interest.
  • Applying for a Child Arrangements Order: If permission is granted, grandparents can apply for a Child Arrangements Order, which sets out arrangements for contact, including visits, phone calls, or letters.

Factors considered by the court

When deciding whether to grant a Child Arrangements Order, the court prioritises the child’s welfare. Key factors considered include:

  • The nature of the relationship between the grandparents and the child.
  • The impact of contact on the child’s well-being.
  • The views and wishes of the child (depending on their age and understanding).
  • Any potential risks or conflicts involved.

Can parents block grandparents from seeing their grandchildren?

Parents have the right to decide who has contact with their child. However, if a court order is in place, parents must comply with it unless they can prove that contact with the grandparents would be harmful to the child.

While the law does not grant automatic rights to grandparents, there are legal pathways available to maintain meaningful contact with grandchildren. Seeking legal advice, exploring mediation, and applying for a court order, when necessary, can help grandparents preserve these essential relationships. If you need any assistance in regarding how we can help with an application or guidance on how to re-establish contact with your grandchildren, please do not hesitate to contact our friendly and professional Family Team on 01245 228116 or by email at familyenq@gepp.co.uk.