Grandparents' Rights: Access to Grandchildren Solicitors
Get compassionate legal advice from our child access solicitors to support your relationship with, and spend time with, your grandchildren.
Grandparents can play a vital role in a child's life. Our child law solicitors are here to offer compassionate legal support to grandparents, helping to safeguard and preserve cherished family connections.
Grandparents may find themselves separated from their grandchildren due to family disputes, divorce, the death of an adult child or other circumstances. It can be a time of worry and stress.
Although a grandparent has no automatic 'legal right' to see their grandchildren, we will support you to negotiate a way forward and if necessary, help you to seek a solution through the court.
We will provide you with straightforward advice on your options and prospects of success.
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How can we help?
Before a court application can be made, the court will expect you to consider family mediation or other forms of non-court dispute resolution. We will discuss the options with you and support you through whichever process you choose.
You may be able to ask the court to assist in making arrangements for you to spend time with your grandchildren by applying for a Child Arrangements Order. Usually, you will need the permission of the court, which is also called 'leave of the court', to bring an application. If successful, the court will then consider the main application and make a decision based on the best interests of your grandchildren.
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Do grandparents have rights?
Although a grandparent does not have an automatic legal right, a grandparent can play a significant role in their grandchild’s life. The court applies a two-stage test in most situations – firstly to provide ‘permission’ for an application to be made and secondly, to determine that application on its merits.
What will the court consider when deciding whether to grant leave for a grandparent to make an application?
This will depend on a number of factors including the nature of the application, the grandparent’s connection to the child and, and whether there is a risk to the child that granting the application would disrupt his or her life to the extent that he or she would be harmed by it.
If permission is granted for a grandparent to make an application, what will the court consider before making any order?
The judge will apply the Children Act 1989 welfare checklist to make their decision and they will take into account matters such as the age of the child, their wishes and feelings and any harm the child may be at risk of suffering. The paramount consideration will always be the child's welfare.
My own child doesn’t have access to my grandchildren – what can I do?
If the parent of your grandchildren does not have contact or access with their child, it may be difficult as a grandparent to establish a claim. However it is not impossible and your situation will be assessed separately to the circumstances regarding your child. Legal advice to consider the merits of your situation and options for resolution is vital.
Frequently asked questions
