Grandparents: Do Legal Rights to See Grandchildren Exist

Unlike parents, grandparents have no automatic legal rights to see their grandchildren.  However if you are stopped from seeing your grandchildren there are steps that can be taken, and you can apply to court for an order to see them provided you first obtain leave (permission) of the court to do so.   The courts recognise the important role that grandparents can play in children’s lives.

If a grandparent has been prevented from being able to spend time with their grandchildren then the first step is always to try and discuss the issues with the parents and endeavour to reach an agreement.  A formal solicitors letter can also be sent to set out the position and the proposals for being able to see the children. 

If a resolution cannot be reached then there are out of court options that can be explored, for example mediation.  In most cases mediation needs to be attempted before a court application can be made.  The mediator will provide you with a MIAM certificate (Mediation Information Assessment Meeting) to show that mediation has been attempted.  You can then apply to court.

Before the court will accept the application for a child arrangements order, you need permission of the court.  The court assesses each case on its merits.  If there is an existing, positive, strong relationship with the child then the court is more likely to give permission for the application.  The court needs to consider what is in the child’s best interests.

Where permission is granted the grandparent can then pursue a child arrangements order.  The court has to again consider what is in the child’s best interests, using the welfare checklist contained within the Children Act 1989.  Factors such as the wishes and feelings of the child, the child’s needs, any harm or risk to the child, as well as the impact of any changes on the child must all be considered.

Ultimately where it is in the best interests of the child for their relationship with their grandparent to continue the court has the power to assist and promote that relationship, even where the relationship between the parents and grandparents has broken down.

How Forbes Solicitors Can Support You

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