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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The team provides an exceptional service of early, clear and realistic advice, very high attention to detail, considered and careful analysis of all realistic angles, and options to ensure that every step is taken at the appropriate time to ensure that the client's interests are best promoted and secured.
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An efficient team performing at a high level.
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A wonderful team who offer pragmatic advice whilst robustly defending the interests of their clients.
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Weightmans family law department is very dynamic. Being part of a larger firm means that they are able to draw on the expertise of other departments in the firm, which can be extremely helpful.
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Highly specialised family law team with a breadth of experience.
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The team at Weightmans is well known and respected in the family law market... They approach complex family law matters in a straightforward manner that is focused on resolution for their clients.
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The team is made up of extremely capable individuals dealing with complex and high-net-worth work. They are all technically very sound and work in a collaborative way with other lawyers.
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Weightmans have expanded hugely their family law capacity which is testament to their aspirations within this space... Experience, reputation and depth all add to the overall approach.
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The family team are totally focused on assisting clients to identify their immediate needs as well as helping them to gain clarity around the future. They take a family focused view and work on the assumption that court action should be avoided if at all possible by working collaboratively with other solicitors.
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The team provided fantastic communication and sound advice throughout the process. All possible outcomes and costs were set out at the beginning - they couldn’t have been more helpful.
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The lawyers are very experienced with knowledge encompassing a broad range of family law issues. They are adept at dealing with cross-border disputes and I would rate them as very strong in this area.
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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
I am a grandparent, do I have any rights?
A grandparent has no automatic legal 'right' to see their grandchildren.
If you cannot reach an agreement with the parents of your grandchildren, you may be able to ask the court to assist in making arrangements. Usually, and in England and Wales, you will need the permission ('leave') of the court first to make an application and if successful, the court would then consider the main application.
In Scotland, you can apply for parental rights, or a contact or residence order directly in the same way a parent might.
What does the court take into account when assessing whether a grandparent can spend time with their grandchildren?
In England and Wales, if mediation is unsuccessful, and/or the parents are not prepared to engage, as a grandparent you first have to obtain the 'leave', or permission of the court, before progressing your application for a child arrangements order to spend time with your grandchildren.
The court will normally address the issue of 'leave' at the first hearing, whether dealt with by consent or by order of the court. Whether or not that leave is granted will depend on a number of factors, including the nature of the application, the grandparent's connection to the child, and the risk to the child that granting the substantive application would disrupt their life to the extent that they would be harmed by it.
Assuming that the court has given permission ('leave') for such an application to be made, the judge will then apply the Children Act 1989 'welfare checklist' to make their decision, taking into account, for example, 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.
The court will likely require all the concerned parties to file statements and may instruct Cafcass to speak to the parties and to the children involved (depending on their age and maturity) so that they can report to the court on whether it is in the children's best interests to spend time with the grandparent, and on the frequency and nature that contact may take.
Often, agreement can be reached between the parties either at court or through negotiations, but if not, the court will hear evidence and impose a final order.
In Scotland, when making any decision, the court will consider the welfare of the child as paramount. They will consider if the order sought by the grandparent is in the best interests of the child. The court will consider all of the circumstances of the case. The court will consider the wishes of the child and how any proposed order will affect the existing arrangements for care and the relationship the child already has with their parents. The Court will only make an order if it believes it is necessary and in the best interests of the child.
My grandchildren live with me — do I need the court's permission to apply for an order?
In England and Wales, there are certain circumstances where a grandparent does not need the court's permission ('leave') to apply for a child arrangements order. These include where the grandparent already has a 'lives with' or 'residence order' in respect of the child, or for example, the child has been living with the grandparent for more than three years.