Grandparents’ Rights

When family relationships break down, grandparents can be left on the sidelines, heartbroken and uncertain about seeing the grandchildren they love. Children, too, lose out when this cherished bond is severed. Here at HM & Co. Solicitors, we understand the emotional toll of estrangement and are committed to guiding grandparents through the legal steps to regain contact with their grandchildren.

The Heartbreak of Estranged Grandparents

Many grandparents play an active part in their grandchildren’s upbringing, providing day-to-day care and vital emotional support. Unfortunately, when parents separate or disputes arise within a family, children can be denied contact with grandparents. This situation often leaves grandparents feeling powerless, but there are legal routes available.

Key point: Although grandparents do not automatically have parental responsibility or the same rights as parents, English law recognises the vital role they can play in a child’s life. Achieving a positive outcome is possible, even if informal attempts to reconcile have failed.

How a Family Lawyer Can Help with Grandparents’ Rights

Mediation and Advice

  1. Mediation: Where possible, we encourage families to resolve disputes through mediation. This process helps grandparents, parents, and other relevant relatives discuss contact arrangements in a more open, less confrontational environment.

  2. Expert Guidance: If mediation doesn’t succeed, you may need specialist legal advice. Our child law solicitors can:

    • Explain the relevant legal processes
    • Assist with formal applications and supporting evidence
    • Represent your interests in negotiations or court, if needed

The Court’s Role in Grandparents’ Rights

Applying for Permission

Before making a formal request to the court for a Child Arrangements Order, grandparents must first seek the court’s permission to proceed. While this can sound daunting, permission is typically granted unless there’s a clear reason to refuse.

Seeking a Child Arrangements Order

If permission is obtained, you can then apply for a Child Arrangements Order. This court order details:

  • What type of contact is allowed (e.g. face-to-face meetings, video calls)
  • How often this contact will take place

Court Considerations

The judge evaluates what is in the child’s best interests, guided by the statutory welfare checklist, which looks at:

  • The child’s wishes and feelings (accounting for their age and maturity)
  • Physical, emotional, and educational needs
  • The potential effects of changing the status quo
  • Any relevant characteristics or background factors

Ultimately, if the court believes contact with grandparents benefits the child, the child’s parents or carers cannot legally block it in future.

Why It’s Important Not to Lose Hope

Even though grandparents don’t have automatic legal rights to see their grandchildren, courts understand the significance of these relationships. Many cases end positively, with a resumption of contact that nurtures the child’s emotional stability and sense of belonging.

Key takeaway: With the help of HM & Co. Solicitors, grandparents often find that a constructive solution—whether through mediation or, if necessary, a court order—is within reach.

Contact HM & Co. Solicitors

If you’re a grandparent seeking advice on how to regain contact with your grandchildren, please get in touch:

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

By combining empathy with expert legal support, we strive to ensure that grandparents and grandchildren can maintain and enjoy the precious connection they share.

Your Questions, Answered

FAQs

FAQs – Grandparents’ Rights to See Their Grandchildren

1. What rights do grandparents have to see their grandchildren?

Grandparents do not have an automatic legal right to spend time with their grandchildren. However, the courts recognise the significant role grandparents often play. In some situations, grandparents can be granted permission to apply for a Child Arrangements Order, enabling them to have contact with their grandchildren, provided there is no history of violence, neglect, or abuse.

 

2. Can a parent stop a child from seeing grandparents?

Yes. Because grandparents lack an automatic legal entitlement to see their grandchildren, a parent or carer can deny contact. Nevertheless, if the situation is brought before the family court and a Child Arrangements Order is granted, parents must comply with the court’s directives regarding grandparent contact. Failure to honour the order may lead to court enforcement, ranging from unpaid work to fines and, in rare cases, imprisonment.

 

3. Can I insist on seeing my grandchildren?

No. Grandparents cannot insist on visitation rights unless they pursue court proceedings. If you are being refused contact and informal discussions are not successful, you may need to seek legal support and potentially a court order to re-establish access.

 

4. What can I do if I’m unable to see my grandchildren?

You have two key routes:

  1. Negotiate an Informal Arrangement
    • Try to reach a voluntary agreement with parents or carers, often with the aid of family mediation.
  2. Seek Legal Advice
    • If mediation fails, you can ask the family court for permission to apply for a Child Arrangements Order. A family lawyer can guide you through this process.

The court will consider whether granting contact aligns with the child’s welfare and may allow grandparents to spend time with their grandchildren through a formal Child Arrangements Order.

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