Having children is a wonderful gift. However, grandchildren are truly magical, especially as
you get to give them back. Joking aside, we are often asked if grandparents’ rights exist and
what they can do if they are no longer permitted to spend time with them.
It’s true, there are no automatic legal rights for grandparents. It is heartbreaking. However,
all is not lost. You can pursue an application through the Courts if you find yourself in this
deeply upsetting position.
Before you can proceed with your application, you need the Court to grant you permission.
To get permission there is a simple 3 stage test, applied by the Judge.
You must show:-
- You have a connection with your grandchild.
- The nature of your application; and
- Any potential disruption to your grandchild if you spend time with them.
In our experience, whether you pass this test depends on the circumstances and your
involvement in your grandchild’s life. We will advise you honestly about your prospects of
success, depending on the facts. If you have always been hands-on, done school runs,
been there to help with childcare, you will probably have a good chance of passing this initial
test. A loving, caring and positive relationship will massively support your case for contact.
Family photos can help too.
In most cases, permission if often granted by the Court and then the case will proceed
enabling you to apply for a Child Arrangement Order. Such an Order will specify what
arrangements should take place. These are often agreed between the parties, as the Court
will actively encourage this.
As a doting grandparent, you will agree that the welfare of the child is of paramount
importance. The Court agrees with you. Your grandchild’s wishes and feelings are
considered if they are old enough and show sufficient understanding. If they say they want to
spend time with you, then your chances of success are much higher. How your grandchild
feels can be discovered by an officer of the Children and Family Court Advisory and Support
Service. Their report is often influential on the Court.
If you would like any advice on spending time with your grandchildren or any other family law
issues, please do contact me on [email protected] or call on 01226 103054
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