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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