What Rights Do Grandparents Have?
Paul has recently been asked what rights Grandparents have when they have been denied access to their grandchildren. Read more below on grandparents rights to see grandchildren:
Grandparents do not have an automatic right to contact with their grandchildren.
Grandparents can play an invaluable role in their grandchildren’s lives and it is very rare that the court would refuse a grandparent access to grandchildren unless there is evidence of abuse or violence.
Can Grandparents Apply To The Courts For Access to Grandchildren?
Only people with parental responsibility, can make an application for a Contact Order (to be known as child arrangement orders from April 2014).
Whilst grandparents rights are limited they can, however, apply for permission (leave) to apply for a Contact Order and the courts will consider the following:
- The applicant’s connection with the child.
- The nature of the application for contact.
Whether the application might be potentially harmful to the child’s well-being in any way.
If successful, they can then apply for a Contact Order through the court to gain access to their grandchildren. If one, or both parents raise objections they are likely to have to attend a full hearing in which both parties can put forward their evidence.
It is essential to receive good legal advice at this stage because they will need to persuade the court that they have a meaningful and on-going relationship with the grandchildren, which significantly benefits their lives.
Going through the courts should be a last resort as it is obviously always best to try to resolve family differences out of court, where possible.
If you would like any further advice on gaining access to your grandchildren or any other family matter please contact Paul at firstname.lastname@example.org