Rights do Grandparents Have?

One thing that are asked quite frequently is whether grandparents can apply to the court for contact with their grandchildren. This is an understandable request, however it's not so simple in the family court.

What Rights do Grandparents Have?

One thing that are asked quite frequently is whether grandparents can apply to the court for contact with their grandchildren. This is an understandable request, however it’s not so simple in the family court. As grandparents don’t normally hold parental responsibility for their grandchildren, the court needs grandparents to make a special application. In the United Kingdom, due to the lack of parental responsibility held by grandparents, they do not have automatic legal rights to see their grandchildren. However, grandparents can apply for a court order under certain circumstances.

To apply for a court order, grandparents must demonstrate that they have a meaningful relationship with their grandchildren and that it is in the best interests of the child to have contact with them. The court will consider a range of factors when making a decision, including:

  • The nature of the relationship between the grandparent and the grandchild.
  • The wishes and feelings of the child, taking into account their age and level of understanding.
  • The impact that the contact will have on the child’s welfare, including their emotional and educational needs.
  • The views of the parents and any other parties involved in the case.
  • It is important to note that court orders for contact with grandparents are relatively rare and are usually only granted in cases where the child’s welfare would be significantly improved by the contact.

Grandparents can also seek the help of a mediator to facilitate contact with their grandchildren. Mediation can help to resolve disputes and create a plan for ongoing contact that is in the best interests of the child.

If you wish to make an application to the family court for permission to ask for a Child Arrangements Order, you will need to complete form C100 and make a request for permission to apply to the court.

If you are a grandparent seeking contact with your grandchild, it is important to seek legal advice to understand your options and the legal process involved.

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