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Family Law

Grandparents Rights

Grandparents play a valuable role in their grandchildrenโ€™s lives, but they do not have any automatic legal rights. However, the courts are sympathetic to grandparents, and access is only likely to be refused when contact is not in a childโ€™s best interests. If you are a grandparent, our lawyers can help you protect your rights, whatever difficulties you face.

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Can parents keep their children away from grandparents?

Under theย Childrenโ€™s Act 1989, grandparents do not have specific legal rights regarding their grandchildren. This means grandparents do not have automatic rights for visitation or access. However, if you are a grandparent who has been denied contact with your grandchildren, there are steps you can take.

The first step is to try to reach an informal agreement with the childโ€™s parents. If that does not work, the next step is to attend mediation.

Mediation is when an independent, impartial mediator works with you and your family to help you to reach an agreement between yourselves. If mediation fails, you can apply to the court for a Child Arrangements Order to gain access to your grandchildren. However, you cannot apply to the court unless you have attended a โ€˜mediation information and assessment meetingโ€™ (MIAM) first.

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What is a Child Arrangements Order?

A Child Arrangements Order sets out where a child lives, who they live with, and the time they will spend with parents or guardians and other relatives.

Grandparents are classed as โ€˜relativesโ€™ and therefore can apply for a Child Arrangements Order to secure visitation rights (or residency rights in certain circumstances).

If someone with parental responsibility for a child (one of the birth parents) objects to you applying for aย Child Arrangements Order, then you will need to seek permission from the court to apply.

You will not need the parentsโ€™ permission to apply if:

  • The child has lived with you for 3 years in the last 5 years and within the previous 3 months.
  • The child is in care, and the local authority has given you permission to apply for the order.

The court uses the following โ€˜welfare checklistโ€™ to decide whether to grant a Child Arrangements Order. The court will also consider any other relevant factors, such as the childโ€™s age, sex, background, and characteristics. An officer from the Children and Family Court Advisory and Support Service (CAFCASS) may visit you, the child and their family and make a report. The courtโ€™s decision will be largely based on this report.

1
What are the childโ€™s wishes and feelings? This takes into account the childโ€™s age and level of understanding.
2
What are the childโ€™s emotional, educational and physical needs?
3
What effect will any change have on the child's circumstances?
4
Is the child at risk of suffering from harm, or are they suffering harm?
5
How capable is the applicant of meeting the childโ€™s needs?

Can you get guardianship of a grandchild?

If you are caring for your grandchild in the place of their parents, you can apply for aย Special Guardianship Order. This gives you responsibility for the child until they are 18 years old. The childโ€™s parents will retain some parental responsibility, so they may need to be consulted regarding any important decisions.ย 

Can grandparents apply for a Prohibitive Steps Order?

Aย Prohibitive Steps Orderย is a court order that prevents somebody (usually a childโ€™s parent) from taking certain actions.

If you have parental responsibility for a child through a Child Arrangements Order or a Special Guardianship Order, then you may be able to apply to the court for a Prohibited Steps Order.

Lawyers for grandparentsโ€™ rights

Grandparents play a significant role in their grandchildrenโ€™s lives. If you have been denied access to your grandchildren, it can be devastating. Our specialist lawyers for grandparentsโ€™ rights can help you resolve matters with parents in the most amicable way possible. We can also support you through the legal process if necessary.

At Davisons Law, you can talk to us in complete confidence, whatever situation you face. Our Family Law lawyers will discuss your legal options with you so you can decide the best way to move forward.ย 

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help