Grandparent Rights

28 October, 2022

It is widely recognised that grandparents play important roles in their grandchildren’s lives, often helping out with childcare. It may be surprising to learn that grandparents do not have an automatic right to see their grandchildren. Unlike parents, they do not have parental responsibility.

If grandparents find themselves in a situation where they are being prevented from spending time with their grandchildren they may need to make an application to Court. However, first it would be best to try to reach an agreement with the children’s parents and this may be achieved through Mediation which is a pre- requisite to any court application.

In the event that mediation breaks down, an application would need to be made to Court. The children’s parents would be served with a copy of the grandparent’s application and would be parties to the proceedings.

In the first instance grandparents would need to seek leave (permission) to make an application in respect of their grandchildren. In deciding whether to grant permission, the Court will consider the following factors:

• The nature of the proposed application for a Section 8 Order (an Order to see the children);

• The Applicant’s connection with the child;

• Any risk there might be of the proposed application disrupting the child’s life to the extent that they would be harmed by it;

If permission is granted, the application for a Child Arrangements Order would be issued and determined by the Court.

If you would like advice in relation to seeing your grandchildren, please contact one of our Family Law Experts on 01244 400567.