Many grandparents take an active role in their grandchildren’s upbringing. An upsetting and sometimes overlooked consequence of family and relationship breakdowns is that children lose or are denied contact with their grandparents.
read moreFor grandparents estranged from their grandchildren, it can feel heart-breaking and hopeless. But our expert team of child law solicitors frequently assist grandparents in reuniting with their grandchildren.
Here at Stowe, we have a number of child law solicitors who regularly support grandparents to be reunited with their grandchildren using tools such as mediation or the family court system.
In most of these, the families have been successful, so it is important not to lose hope.
Can a lawyer help you get access to your grandchildren?
Grandparents do not have an automatic legal right to see their grandchildren. However, a family lawyer can help. The courts in England and Wales recognise the important role grandparents can play. If grandparents are denied contact and have attempted to resolve the issue privately or through mediation, they can apply to the court to gain contact through a Child Arrangements Order to have contact. Using a lawyer to help in this complex area of family law is strongly advisable.
Can grandparents get custody of their grandchildren?
Yes, they can but as they have no automatic legal rights, grandparents must apply to the family court to obtain custody or parental responsibility for their grandchildren. This can be via a Child Arrangements Order or a Special Guardianship Order. The court will always prioritise what is in the best interests of the children involved. A family lawyer can help grandparents navigate this very complex area of law.
How much does it cost to get grandparents’ rights in the UK?
The cost of obtaining grandparent’s rights will depend on the complexity of the issues and the time it takes to reach an agreement. Depending on how easily the issues are resolved, people may need to factor in legal, mediation and court fees. In complex cases, this can run into the thousands. A family lawyer could advise on potential costs in more detail.
If you’ve attempted to reach an informal agreement with the child’s parents through mediation and it’s unsuccessful, the next step is to consult a family lawyer. A family lawyer can help you seek permission to apply for a court order and navigate the process of obtaining a child arrangements order.
The first step is to apply for permission to proceed with an application for contact with grandchildren, before officially seeking an order from the court.
read moreIf permission to proceed is given you can make an application for a Child Arrangements Order that will set out what types of contact should take place between you and the children (e.g. video and telephone calls, or face-to-face contact) and how frequently that should happen.
The court will consider all the information related to your case before making a decision. The overall consideration of the court is what is in the best interests of the children and, to determine this they consider the welfare checklist which includes things such as the child(ren)’s wishes and feelings, emotional and educational needs, and the likely impact of any changes in circumstances.
If the court grants you rights to see you grandchild, the child’s parent or carers cannot continue to prevent access.
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In England and Wales, grandparents do not have an automatic legal right to contact with their grandchildren.
However, UK family courts acknowledge the significant role grandparents play in a grandchild’s life.
In some cases the family courts may grant permission for grandparents to apply to the Court for a Child Arrangements Order so that they can spend time with their grandchild(ren) provided there is no record of violence, neglect, or abuse.
Yes. As the law doesn’t automatically give grandparents rights to see their grandchildren, parents or carers can refuse contact.
However, if the issue escalates to the family court and a Child Arrangement Order is made allowing contact between the grandparents and the grandchild, parents are legally required to allow the contact to take place, as per the order.
Failure to do so can lead to enforcement by the court, potentially resulting in penalties such as unpaid work, fines, or in rare cases, imprisonment.
If a parent stops you from having contact with their child, as their grandparent you have no legal backing to insist on seeing them.
If you’re being prevented from seeing your grandchildren, there are two key options:
In the first instance, if negotiations between you and the parents or carers are unsuccessful, we recommend you reach out to a professional family mediator. A mediator can explore options and help find solutions to the issues preventing access so you can re-establish an informal agreement and begin contact with your grandchildren.
If you aren’t able to reach an agreement via mediation, you can take your case to the family court and seek permission to apply for a child arrangements order with the support of a family lawyer.
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