Grandparents Rights

When relationships break down, it is often grandparents who draw the short straw when it comes to custody arrangements, which can be distressing for both grandparents and grandchildren.

Contrary to popular belief, grandparents do not have the automatic right to have contact with their grandchild – however, the courts do recognise that grandparents have an impactful and valuable role to play in the upbringing of children. So, provided that there is no evidence of abuse or violence, the courts will usually give grandparents an order for contact with their grandchildren.

Contact orders for grandparents

Because only people with parental responsibility for the child in question can apply for a Contact Order, (i.e. parents, guardians or step-parents) grandparents must apply for permission to get a Contact Order. The court will then consider the application on the grounds of:

  • The nature of the application
  • The applicant's connection with the child
  • What effect contact will have on the child, and whether or not it will be harmful
  • If your application is successful, you will then be able to apply for a Contact Order through the court which, if successful, will allow you contact with your grandchildren. When reviewing your application for a Contact Order, the court will consider: The child's current circumstances, and whether contact will affect these
  • Whether contact will have a negative effect on family relationships
  • Whether contact will be beneficial to the child's wellbeing

Legal action for grandparents

At Forbes, we understand how distressing the breakdown of a relationship can be and believe that the child's best interests are the most important thing to secure. Our team of expert solicitors are here to help. To speak to our team about contact orders for grandparents or your rights as a grandparent, contact Forbes today on 0800 689 1058

29 Nov 2018

Family/Divorce

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