Grandparents rights lawyers

What are the rights of grandparents?

Grandparents in England and Wales do not have an automatic legal right to see or spend time with their grandchildren. This is one of the most common misconceptions in family law, and it can come as a shock – particularly if your relationship with your grandchild has previously been close and consistent.

The absence of an automatic right does not mean you are without options. Courts in England and Wales recognise the value that grandparents bring to a child’s life, and it is rare for a court to deny contact without good reason. The law under the Children Act 1989 makes clear that the child’s welfare is the paramount consideration. In many cases, maintaining a relationship with grandparents is considered to be in a child’s best interests.

How can grandparents apply for a Child Arrangements Order?

Unlike a parent, a grandparent cannot apply directly for a Child Arrangements Order – you must first obtain the court’s permission, known as ‘leave’, before your application can proceed. The exception to this is where the child has lived with you for at least one year prior to the application, in which case you may be entitled to apply without first seeking leave (Children Act 1989, sections 10(5) and 10(5B)).

When considering whether to grant leave, the court will take into account a range of factors set out in section 10(9) of the Children Act 1989, including:

• Your connection with the child: The history and nature of your relationship with your grandchild will carry significant weight
• The nature of the proposed contact: The court will consider what you are seeking (for example, regular visits, telephone or video contact, or overnight stays) and whether this is realistic and appropriate
• The risk of disruption: The court will assess whether allowing the application to proceed could unsettle the child’s life in a way that may cause harm

What is Special Guardianship for grandparents?

A Special Guardianship Order (SGO) is a legal arrangement typically used when a child cannot safely live with their birth parents and needs a stable, secure home with another trusted adult – often a grandparent or other close relative.

An SGO awards parental responsibility on the special guardian, allowing them to make day-to-day decisions about the child’s upbringing, including schooling and medical care. Importantly, an SGO does not sever the legal relationship between the child and their birth parents, unlike adoption. However, the special guardian can exercise their parental responsibility to the exclusion of the birth parents in most circumstances.

There are some limits to an SGO. For example, a special guardian cannot change the child’s surname or remove them from the jurisdiction of England and Wales for more than three months without the consent of all those who hold parental responsibility.

What are the adoption rights of grandparents?

Grandparents can adopt a grandchild in some circumstances, but it is unusual and the court will only approve it if adoption is in the child’s best interests. In England and Wales, adoption is a permanent legal step that ends the child’s legal relationship with their birth parents and transfers parental responsibility to the adoptive parent or parents.

Even where a grandparent is caring for a child, the court will usually consider whether a less permanent order would better meet the child’s needs. That said, adoption by a grandparent can sometimes be appropriate. For example, it may arise where a parent is unable to care for the child and consents to adoption. In cases like this, the court may view placement within the wider family more favourably than placement outside it.

Adoption should always be approached with care. It is not a step the court will take lightly, and grandparents considering it should also look at alternatives such as a Special Guardianship Order, which may provide the child with stability without ending the legal relationship with their birth parents.