Grandparent’s Rights

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Grandparents often take an active role in their grandchildren’s upbringing, and it is often overlooked when the parents’ relationship breaks down and they lose or are denied seeing their grandchildren.

Do grandparents have a right to see their grandchildren?

Unfortunately, there is no automatic legal right to see your grandchildren.  However, you can either reach an agreement with the parents, or if that fails, an application to the Court can be made for a Child Arrangements Order.

Applying to the Court

If you have been unable to reach an agreement to see your grandchildren, before you can make an application to the Court, you will need to attempt a form of Non-Court Dispute Resolution (NCDR).  Often a referral is made to a local mediation service, to undertake an initial Mediation Information and Assessment Meeting (MIAM), which will ascertain whether your matter is suitable for mediation.  If mediation is not suitable or mediation breaks down without an agreement being reached, then an application can then be made to the Court.

As a grandparent you are not automatically entitled to apply for a Child Arrangements Order, so you will firstly need to apply to the Court for permission.  However, there are some limited exceptions that may apply.  For example, if your grandchild has been living with you for at least a year prior to the application being made.

When the Court considers whether to grant permission, the Court will consider a range of factors such as the nature of the proposed application, the applicant’s connection with the child and any risk of the proposed application disrupting the child’s life to the extent that they would be harmed by it.

If permission is granted (referred to as leave to apply), then the application for a Child Arrangements Order can proceed.  A Child Arrangements Order can determine where a child lives and when they spend time with other people named in the order.  The Court will consider all the circumstances of the case and in particular the factors set out in the “welfare checklist” which is set out at Section 1(3) of the Children Act 1989, and includes: –

  • the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);
  • the child’s physical, emotional and educational needs;
  • the likely effect on the child of any change in their circumstances;
  • the child’s age, sex, background and any characteristics is which the court considers relevant;
  • any harm which they have suffered or are at risk of suffering;
  • how capable each of their parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting their needs;
  • the range of powers available to the Court under this Act in the proceedings in question.

Family law team

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