Do Grandparents Have Rights?
Do grandparents have rights? In the UK, the law doesn't automatically give grandparents the right to see their grandchildren. Parents can choose whether or not they want their children’s grandparents to have access to them, which is a sad and harsh reality.
If you’re a grandparent or simply want to learn more about grandparents' rights and how the court recognises the invaluable role grandparents play in the lives of their grandchildren, continue reading.
Grandparents Rights in the UK
As discussed, in England and Wales, grandparents don’t have an automatic legal right to see their grandchildren. But it’s not all bad news for grandparents. They can gain access to seeing their grandchildren through:
- An informal arrangement
- A court order
Sadly, grandparents have few rights in the UK. Ultimately, the parents decide who can see their children. The Children Act 1989 states that if you’re a parent whose name is on the birth certificate, you automatically have parental responsibility and an automatic right to apply to the Court for any issues relating to the children.
This means as a grandparent, you have no automatic right whatsoever. If an agreement can’t be reached, the only option is to apply to the court for a child arrangement order, which grants permission to see your grandchildren.
What Options Do Grandparents Have?
So, what options do grandparents have? The main and most obvious options involve repairing the relationship between their adult children.
Family fallouts can lead to parents stopping their family (including grandparents) from seeing their children. By fixing these issues, you may be able to see your grandchildren again without involving the courts. If family issues remain unresolved, we advise:
- Seeking help from a social worker if you have concerns about your grandchildren's wellbeing
- Working with a mediator
Can Grandparents Obtain Guardianship?
Yes, grandparents can obtain guardianship of their grandchildren. Guardianship is a more legally secure placement of the child than a residence order. Grandparents can apply for guardianship if certain needs are met.
For example, if the local authorities are considering applying for a care order and having a child adopted - in which case, grandparents can apply to be foster carers, have a residence order, or have the possibility of adopting grandchildren - a guardianship order can happen depending on the situation.
Can Grandparents Apply to the Court for Permission to See Their Grandchildren?
Yes, grandparents in the UK can apply to the court for permission to see their grandchildren. The court respects grandparents and understands the important role they have in the lives of their grandchildren.
Grandparents are rarely refused access to their grandchildren unless the courts have a good reason and sufficient evidence as to why not to - such as evidence of abuse, violence or neglect. However, as we know, grandparents' rights are limited, and only those with parental responsibility for a child can make an application for a contact order. This includes the likes of:
- Parents
- Step-parents
- Guardians
Although grandparents can apply for permission to apply for a contact order, the courts will only consider it if it includes any of the following cases:
- 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
Only once grandparents have successfully won permission to apply for a contact order can they go through the courts to gain access to their grandchildren. The law confirms that granting this does not automatically imply that an application for a child arrangement order will be successful.
What Happens During Court?
The process that takes place in court is to decide if a grandparent will be granted a contact order. However, one or both parents may have objections. Grandparents are likely to have to attend a full hearing in which both parties can put forward their evidence.
It’s essential that grandparents receive expert legal advice at this stage, as they will need to persuade the court that they have a meaningful and ongoing relationship with their grandchildren, which significantly benefits their lives.
The court will always consider the child or children's circumstances, and must only make an order where they consider it better for the child than making no order at all.
Additionally, the courts will weigh up whether or not contact between grandchildren and grandparents could have a negative impact on the rest of the family relationships, too. Typically, the court will only refuse access to grandchildren in extreme circumstances.
Are You a Grandparent Seeking Legal Advice?
If you’re a grandparent seeking legal advice, we advise you to get in touch with us today. At Bell Lamb & Joynson, we have a team of dedicated family law solicitors ready and waiting to help you.
So, if you're a grandparent with no right to see your grandchildren and have tried multiple methods to resolve the issue, it’s probably best to seek legal advice and guidance from us today. We’ve successfully helped many grandparents resolve family disputes and gain access to their grandchildren.
Our expert team of family law solicitors has over 200 years of experience helping families all across the North West. We understand that when things get tough, you need someone you can trust to offer the best service possible.
If help is needed with access to your grandchildren, then please contact us. We look forward to assisting you.