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Solicitors for grandparents rights

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.

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For 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.

Key child law information

What is a child arrangements order?​

A child arrangements order is a court order determining who cares for a child. It specifies:​

  • Who the child lives with​
  • Where they live​
  • When and how the child sees both parents.

The order can also include other types of contact, such as phone calls, video calls, and letters.

What is child maintenance?​

Child maintenance is a payment from one parent to another to cover living expenses. Ideally, parents agree on the amount and what it covers themselves. If not, they can apply to the Child Maintenance Service(CMS),a government agency that arranges and collects maintenance payments.

What child custody laws might you and your partner need to resolve?​

  • Where your children should live​
  • When your children should see you and your ex-partner
  • Financial arrangements
  • A potential change of the children’s names​
  • What school your children should attend
See more answers to common questions
Grandparent's Rights - Stowe Family Law

How can a family lawyer help with Grandparents rights? 

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.

Grandparent's Rights - Stowe Family Law

How can the court help with Grandparents’ rights in the UK? 

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.

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If 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.

We offer an award winning service

Grandparents’ rights are crucial for maintaining family bonds. Our expertise helps grandparents navigate the legal system to secure their rightful place in their grandchildren’s lives, ensuring these important relationships are preserved.

Why choose Stowe Family Law?

  • As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.

  • We are proud to be rated ‘Excellent’ on Trustpilot. Check out our reviews to see what our previous clients have said about our service.

  • We feature in The Legal 500 rankings and are fully authorised and regulated by the Solicitors Regulation Authority (SRA).

  • We keep you informed. Take a look at our support section, which features a range of helpful guides, focusing on important topics including finances and mediation.

Find out more about us

Common questions on grandparent rights

Common questions on grandparent rights

  • What rights do grandparents have to see their grandchildren?

    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.

  • Can a parent stop a child from seeing grandparents?

    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.

  • Can I insist on seeing my grandchildren?

    If a parent stops you from having contact with their child, as their grandparent you have no legal backing to insist on seeing them.

  • What to do when you can't see your grandchildren

    If you’re being prevented from seeing your grandchildren, there are two key options:

    • You can first try to gain access through an informal arrangement with the parents or carers
    • If this is unsuccessful you can seek legal support to apply for a court order.

    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.

Gemma specialises in financial settlements following a relationship breakdown including pensions, property international assets, spousal maintenance and businesses. She is also experienced in challenging child law matterrs along with surrogacy and adoption.

Date last reviewed: 21/06/2024

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