Child law: what rights do grandparents have?

Grandparents often play a pivotal role in their grandchildren’s lives, providing support, love, and stability and often caring for the children when parents are at work. However, family disputes or breakdowns can sometimes disrupt these relationships, leaving grandparents uncertain about their legal rights and devastated about the prospect of not seeing their grandchildren. Here, we explore the rights of grandparents in the UK, the legal framework surrounding child arrangements, and how to navigate the challenges of maintaining contact.

Legal Rights of Grandparents in the UK

Contrary to popular belief, grandparents do not have automatic rights to contact their grandchildren. However, they can apply for a Child Arrangements Order through the family court system. This order can determine whether grandparents can see or spend time with their grandchildren.

The Legal Process

• Seek permission from the court – Before applying for a Child Arrangements Order, grandparents must obtain permission from the court. This step ensures that only those with a meaningful connection to the child pursue legal action.
• Filing the application – Once permission is granted, grandparents can apply for a Child Arrangements Order. The court will assess whether contact is in the child’s best interests, focusing on factors like emotional well-being and the potential impact on family dynamics.
• Exploring alternatives – Courts often encourage mediation or collaborative methods to resolve disputes amicably before proceeding with formal litigation.

FAQs

Can grandparents gain custody of their grandchildren?

Custody is no longer a term used by the court. It is now referred to as a“Live With Order”. In some cases, grandparents can apply for a Live With Order if they believe the child’s safety or welfare is at risk with their parents. This process is more complex and requires significant evidence demonstrating the need for such an arrangement.

What happens if both parents object to grandparents seeing the children?

If both parents oppose contact, grandparents must provide compelling evidence to the court that continued contact benefits the child’s welfare. The child’s emotional needs and the importance of the relationship will be central to the court’s decision.

Common Misconceptions

“Grandparents automatically have legal rights.”

A common belief is that grandparents’ rights are on par with parents’, but this is not the case. Legal intervention is necessary to secure visitation or contact rights when disputes arise.

“A court order guarantees regular access.”

While a Child Arrangements Order facilitates time with the child, it doesn’t guarantee uninterrupted access if circumstances change. Parents can request modifications, which may require further legal involvement.

“Grandparents need both parents’ consent to apply for contact.”

Permission to apply for a Child Arrangements Order is sought from the court, not from the parents. However, the parents’ stance can influence the court’s decision.

Understanding your rights as a grandparent is the first step toward maintaining a meaningful relationship with your grandchildren. For expert guidance, contact our family law team for personalised advice.