Navigating Grandparents' Legal Rights

Grandparents play a crucial role in the lives of their grandchildren, offering love, support, and a unique perspective.

However, when family dynamics shift and relationships become strained, understanding what legal rights grandparents have becomes essential.  

In this blog, we will provide a comprehensive guide to navigating a grandparent's position in England and Wales.

Do grandparents have parental responsibility for their grandchildren?

Grandparents, by default, do not have parental responsibility for their grandchildren.

Parental responsibility is a legal status that allows individuals to make decisions about a child's upbringing, such as education, medical care, and religious practices. In the England and Wales, parental responsibility is typically held by the child's mother, and more often than not, the father.

Do grandparents have rights?

Grandparents in England and Wales do not have the automatic right to spend time with their grandchildren, nor do they have a legal responsibility for their grandchildren. This is why there is no such thing as ‘grandparent’s rights’.

The parents have the final say about who their children see - including grandparents! This is why discussion and agreement on potential contact is always preferable. However, when disagreements arise, grandparents may find themselves facing hurdles.

If an agreement cannot be reached, only those with parental responsibility, such as parents, step-parents and guardians, can make an application to the court for a Child Arrangement Order. This order determines whom the child will live, spend time, or have contact with.

But can grandparents apply for a Child Arrangement Order?

The answer is no, unless certain exceptions apply. For example, if the child has lived with their grandparents for at least a year prior to the application (Children Act 1989, sections 10(5) and 10(5B))

Grandparents can however, apply for permission (also known as ‘leave’) to apply for a Child Arrangement Order. When a court hears an application for leave to apply, they will consider the factors as set out in section 10(9) of the Children Act 1989 , including:

• The applicant’s (grandparents) connection with the child.

• The nature of the application for contact (e.g live with, spend time with)

• Whether the application might be potentially harmful to the child’s well-being in any way.

• Whether permitting the grandparents to have contact with the grandchildren would negatively affect the rest of the family.

When should grandparents seek legal advice?

Navigating family law can be complex, and grandparents facing challenges in accessing their grandchildren may benefit from seeking legal advice.

Family law solicitors can provide guidance on the best course of action to obtain the best outcome. They can also, help grandparents to understand their legal position and assist in the application process for court orders if necessary.

Can mediation help?

Before resorting to legal action, it is often advisable for grandparents to explore mediation as a means of resolving disputes with the child's parents.  

Mediation involves a neutral third party to facilitate discussions to reach an amicable agreement. While not legally binding (unless sanctioned by the court), successful mediation can pave the way for more harmonious relationships and may prevent the need for court intervention.

In the lives of their grandchildren, grandparents often hold a crucial and irreplaceable position. While they have no legal rights until established by an Order of the Court, they can seek acknowledgement and access through the Family Court.

Seeking legal counsel when required, understanding the legal position, and exploring alternative dispute resolution methods - such as mediation - can play a vital role in prioritising the child's best interests and nurturing positive family relationships.  

The interconnectedness of these elements underscores the importance of grandparents actively participating in the legal process to ensure a lasting impact on family dynamics.

If you have been denied all contact with your grandchildren, then it is crucial that you obtain the right legal advice before taking any further steps. An expert family law solicitor is best equipped to support you in this instance.

Please do contact our team of expert family law solicitors in Horsham, Hove and Hassocks by contacting info@seymoursolicitors.co.uk

Need to know more? Click HERE for more information about Child Arrangement Orders.