Grandparents are often a crucial part of their grandchildren’s lives, but when family relationships break down, they can find it difficult to know what to do next. While grandparents do not have automatic rights to see their grandchildren, there are various ways – through direct communication, mediation or the family court system – to maintain contact. In this article we look at the steps grandparents can take to keep in contact with their grandchildren.
What rights do grandparents have?
A family law solicitor is there to advise grandparents as they look to keep in contact with their grandchildren, providing details about the options available. The law does not automatically grant grandparents access or visitation rights to their grandchildren. However, grandparents do have the right to apply to the family court for permission to request access, known as “leave to apply.” If this is granted, they can then seek a Child Arrangements Order to maintain contact with their grandchildren.
Can one parent stop grandparents from seeing grandchildren?
If there are no formal arrangements in place, then one parent can prevent grandparents from seeing grandchildren. This can happen in cases where the parents have separated and one parent decides to restrict access. The first step is to try and resolve the situation amicably through communication. If this isn’t possible, mediation can be a valuable option. Mediation offers a neutral platform for all parties to express their views and work towards a mutually agreed solution.
Contact with your grandchild if their parents divorce or separate
When parents divorce or separate, it can significantly change the contact that grandparents have with their grandchildren. While in many cases informal understandings or mediation between parents and grandparents can often work well, there will be times when legal advice is needed. Speaking with a family law solicitor early on can help protect your relationship with your grandchildren.
Can grandparents apply to the courts for access to grandchildren?
There are specific steps grandparents must follow when applying to the family court for access to their grandchildren. A family lawyer will be able to go through these with you. The main factor in any court decision will be what is in the child’s best interests.
How much does it cost to go to court for grandparents' rights?
The cost of going to court will vary depending on how complex the case is. A family law solicitor will be able to discuss this with you and provide a clearer idea of the likely costs involved.
How long does it take to get grandparents rights?
The time it takes will vary depending on the specifics of the case. Mediation may be an option to consider first. Your family law solicitor will be well placed to give you a better idea of how long the process will take based on your situation.
Can grandparents claim anything for looking after grandchildren?
Grandparents can sometimes claim financial support if they are looking after their grandchildren, particularly if they are the primary carers. For example, grandparents may be able to apply for Child Benefit or Child Tax Credit if the grandchildren live with them. A family lawyer will be able to offer advice on eligibility and the options available.
Grandparents rights after death of a parent
When a parent dies, grandparents may be worried about keeping in contact with their grandchildren. The surviving parent or guardian may restrict access and informal arrangements may not work. If these cases, grandparents can apply to the court for permission to pursue a Child Arrangements Order.
Can grandparents get custody of their grandchildren?
In cases where a child’s parents are unable to care for them, grandparents may seek custody of their grandchildren. In these cases, they may look to apply for a Special Guardianship Order which would give them parental responsibility for the child.
What support is available for grandparents?
- GOV.UK provides information on child arrangements, mediation, and applying for a Child Arrangements Order: https://www.gov.uk/contact-grandchild-parents-divorce-separate
- Family Mediation Council offers guidance on how mediation works and where to find an accredited family mediator: https://www.familymediationcouncil.org.uk/
- National Family Mediation also provides advice and detailed information about family mediation: https://www.nfm.org.uk/
- Kinship is a charity which supports kinship carers, including grandparents raising their grandchildren: https://kinship.org.uk/
- Citizens Advice offers free, impartial advice on legal issues, including family law and grandparents’ rights: https://www.citizensadvice.org.uk/
What to do when you are not allowed to see your grandchildren
Although grandparents do not automatic legal rights to see their grandchildren, there are a range of options available. Grandparents can use mediation, apply for contact through the family courts, or seek custody in certain circumstances. A specialist family law solicitor will be able to give you a clear understanding of the options available to you.
This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.
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Your Family, Our Focus
Separation or divorce is always a stressful time for families, but this can be magnified when children are involved.
At Hawkins Family Law, we understand that your priority will be to make the right decisions, as quickly and painlessly as possible. Our first step, therefore, will always be to work with you to see whether a solution can be agreed without requiring court intervention.
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Please contact them on 01908 262680 or email enquiries@hawkinsfamilylaw.co.uk
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