Grandparent's Rights

Nobody can deny the importance of a child seeing their grandparent. However, grandparents do not have the same rights that parents do. Fortunately, there are certain things that can be done to try and ensure that a grandparent plays a full and meaningful in a child’s life.

Normally, we would recommend that a detailed letter from a solicitor is sent to the child’s parent(s) to try and reach an agreement as to the time that the child spends with their grandparent. We would also make a referral to a mediation service as this is normally a requirement before any Court application is made.

Should the aforementioned steps not lead to a satisfactory resolution, the next step would be to apply to the Court for a Child Arrangements Order.

If you are caring for your grandchild because your grandchild’s parents cannot do so you should consider applying for a Child Arrangements Order (to live with) or Special Guardianship Order. Both of these orders provide you with parental responsibility and will provide an order stating that the child will live with you. Such an order can also prevent a parent from removing the child from your care without your permission.

It should be noted that any grandparent seeking an order in relation to their grandchild needs to get permission from the parents or all people with parental responsibility or they will need permission from the Court before consideration will be given to the request. The law says that in deciding whether permission should be granted to make the application for a Child Arrangements Order the Court must consider:

1. The nature of the proposed application;
2. The applicant’s connection with the child;
3. Any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it.

If permission is not granted then the case will end. If permission is granted, the Court will decide what, if any, contact should take place between the grandchild and the grandparent.

The solicitors at Sugare & Co have years of experience helping grandparents to maintain a relationship with their grandchildren when it is being denied. We will always fight your corner.