Grandparents play an important role in children’s lives and research has shown that they have a positive impact, particularly on adolescents and when families are going through difficult times.

However, a rising number of grandparents are going to court to spend time with their grandchildren. So, what right do grandparents have to see their grandchildren?

Why Would Grandparents Need Legal Action To See Their Grandchildren?

Grandparents may seek legal advice or action to get an order to see their grandchildren. This is because sometimes parents refuse contact with their grandchildren if there has been a family dispute. There are a variety of reasons why parents refuse Grandparents contact, child’s wishes or a bad environment at home but often, it could be due to a breakdown in the relationship between the parents including a divorce.

Grandparents may also lose contact with their grandchildren for several reasons after parental separation, including:

• One parent moving away with the children, limiting access.
• Tensions or disputes between the grandparents and one or both parents.
• A breakdown in communication between the separated parents, affecting extended family relationships.

While these challenges can be disheartening, the law provides a route for grandparents to assert their right to maintain this important relationship.

What Are Grandparents’ Rights?

It is a sad truth that grandparents do not have an automatic right to spend time with their grandchildren and the rights aren’t as clearly defined as parents. The family courts, however, do recognise the important role that grandparents have to play in their grandchildren’s lives. Therefore, it is rare that the court would refuse a grandparent time with their grandchildren unless there is evidence/history of abuse or other serious, justified reasons. That said, it is likely to be more limited contact than they may wish to have.  

Legal Process For Grandparents

Often, child arrangements can be negotiated through a family solicitor without the need to attend court. Mediation can also assist in resolving disputes without the need to go to court. However, if the relationship between the parents and grandparents has broken down significantly, there may need to be an application to the court for a child arrangements order, for the grandparents to be able to spend time with their grandchildren.

Can A Grandparent Apply For A Court Order To See Their Grandchildren?

Grandparents are not automatically entitled to apply for a child arrangements order, and they must obtain the permission of the court. Most grandparents do not have an automatic right to apply to the court, as most do not have parental responsibility for (usually held by the children’s parents), or care of the children. However, although not having automatic rights grandparents can apply for permission to apply for a Child Arrangements Order, the courts will consider the following:

• Their connection with the child or children.
• The nature of the application for contact.
• Whether the application might be potentially harmful to the child/ren’s well-being in any way.

If the permission application is successful, you can apply for a Child Arrangements Order through the court to see to your grandchildren. If one, or both parents raise objections there may need to be a report prepared about the impact of contact, and there is also likely to be a full court hearing at which all parties can put forward their evidence. 

It would be extremely beneficial for you to receive good legal advice at this stage to advise and assist you with persuading the court that you have a meaningful and ongoing relationship with your grandchildren, which significantly benefits their lives.

The court will always take into consideration the child’s wishes or best interest, meaning a Court Order can be issued if they believe contact with their grandparents is beneficial.

Are There Any Alternatives To Court Orders For Grandparents? 

There are a few ways Grandparents can gain contact with their Grandchildren without court proceedings. However, it would need to be agreed upon by the Parents before anything is granted. This includes: 

• Mediation: A Mediator will help the communication between Grandparents and Parents come to an agreement. They will structure the conversation to help a resolution. 
• Therapy: Going to therapy as a family may help to smooth the situation and solve a family dispute. However, this requires participation from all parties and may be highly emotional if this is happening during a family dispute between the parents too. 
• Arbitration: Following a similar structure to Court, an arbitrator will help solve family disputes in a constructive way. It is generally in a more relaxed format to work towards a resolution. 
• Parenting Plans: A formal agreement can be put in place that can include Grandparents visitation. This is usually a good way to move forward in a separation or divorce, where the dispute doesn’t lie between the parents and grandparents. 

Family Agreements: In a more informal manner, parents may include scheduled visitation from Grandparents in their agreement upon separation.

Practical Tips for Grandparents

1. Maintain communication: Keep the lines of communication open with both parents, if possible.
2. Document your relationship: Keep records of the time spent with your grandchildren and any evidence of a close bond.
3. Seek legal advice: Consulting a solicitor with expertise in family law can help you understand your rights and options.

If I’m A Parent, Can I Stop Grandparents From Seeing My Child? 

As a parent, you have legal parental rights over the child, meaning you can stop contact with family members. You are allowed to make decisions for your child but usually you need consent from the other parent/ legal guardian. 

If you believe that limiting or stopping contact with a child’s grandparent is best for the children, then you are within your rights to do so. You should always consider the circumstance and the child’s best wishes when making decisions. Grandparents don’t have legal rights but can seek legal action if they are stopped from contact with their grandchild unfairly.

What If My Son Or Daughter Is Not On The Child’s Birth Certificate?

A parent that is not named on the birth certificate can be a complex situation in terms of Grandparents rights. Those who aren’t named on the birth certificate will need to take additional steps to gain parental responsibility: 

• Ask for permission of the other parent for Parental Responsibility and get a legal agreement in place
• Apply to have the name put on the birth certificate 

Contact TV Edwards For Grandparents Rights Support

TV Edwards are child law specialists, who are frequently contacted by Grandparents seeking legal support with contact with their Grandchildren. 

If you are a grandparent and would like to know more about your options, or you are not happy with current arrangements regarding your grandchildren, please do not hesitate to contact our Family team via our contact form, call us on 020 3440 8000 or email us at family@tvedwards.com.