Do I Have Grandparents Rights?

It can be an extremely difficult time seeing your child go through a divorce or relationship breakdown.  Matters can become even more challenging when they have children of their own and your contact as a grandparent is being restricted.

The Family Courts recognise that grandparents have an invaluable role in their grandchildren’s lives.  They are of the view that it is important that any child’s wider family continue to have an active role in their lives.  Unfortunately, following a relationship breakdown, grandparents can often find themselves without having any contact with their grandchildren.

In England and Wales, grandparents do not have automatic rights to contact with their grandchildren.  However, there are options available to grandparents to have a contact arrangement put in place.  You can apply to the Family Court under the Children’s Act 1989 for a contact arrangement, providing you have permission of the Court in order to do so.  It is rare that the Court will refuse permission and upon reviewing the application, they will consider the following:

• The relationship between the grandparents and the grandchild
• The impact contact would have upon the rest of the family
• The nature of the Application to Court
• Whether contact taking place would be harmful to the child’s health and well-being.

Prior to an application being made to the Court, you are required to attend mediation.  Should mediation be unsuccessful, you will be left with no other option but to issue an Application to the Court.  Our team of experts will advise you accordingly as per your circumstances, and what the best options available are for you.

Going to Court should always be the last resort, however, in some cases is the only option.

If you are having difficulties with contact with your grandchildren, call one of our friendly experts today on 01744 626600 for a confidential, no obligation discussion to discuss your options and for more information, please visit our family and children law website page.

At Frodshams solicitors we understand that all clients are unique with differing needs. That is why we take the time to listen and understand before we act. Knowing our clients is central to our ethos, and this means we bring compassion, care, understanding and the legal expertise needed to enable you to reach your personal, family and financial goals.  So, whether you need a helping hand when life is difficult or are buying a new home and need conveyancing support you know that you can rely upon us to provide legal excellence delivered with care.