grandparent rights

Grandparents Rights

In cases of divorce or separation, you might suddenly find yourself without access to your own grandchild/children. Unfortunately, when parents are agreeing child custody, the grandparents and grandparent rights are often left out of the discussion, or forgotten entirely.

In England and Wales, grandparents do not have any automatic rights to see their grandchildren, nor do they have any automatic parental responsibility. Therefore, if you are being denied access to your grandchildren, you may have to seek the help of an experienced family solicitor to find out your grandparent rights.

How Can I Make Sure I Get to See My Grandchildren?

As the grandparents, there are no guarantees as parents are not legally obligated to provide grandparents access. Likewise, you will not be able to apply for a court order unless you can prove that all other attempts at peaceful resolution with the parents have failed.

In the first instance, you should always seek to come to an agreement with the parents. Higgins Miller can help negotiate arrangements whether face to face or through mediation. Where necessary we can negotiate arrangements on your behalf. It might be that your child is going through a separation and is losing access to their child (your grandchild) or that your child has died and their widow/er is moving away, or even that both parents are still together but there has been a family rift and they expressly do not want you to see your grandchild. Whatever the reason, it’s important that you speak to your grandchild’s parents first to see if you can come to an agreement.

At Higgins Miller, all of our solicitors are members of Resolution, and are trained in holding or assisting with supervised mediation. The best thing for the grandchild will be a peaceful resolution, as escalating this to court may cause undue stress on the family as a whole, and could be costly to all parties.

However, if you have attempted mediation and been unsuccessful, the Family Court may be your only recourse.

Find out more about grandparent rights and contact the team today:

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Can I Take My Child to Court to See My Grandchild?

As a grandparent, you are not able to gain parental responsibility by applying for a Parental Responsibility Order, but there are other avenues you can go down.

You are able to apply for a Child Arrangement Order, which dictates the custody arrangements of the child in question, and who should be granted access to the child. It can also include the details of this access, such as phone calls, supervised visitation, or a set number of nights with the child.

In extreme circumstances, where the parents have either died or are unsuitable guardians for their child, we may also be able to help you pursue other options; we can help you apply to become a legal guardian of your grandchild, or even adopt your grandchild. You could also be able to challenge the child’s parent/s if they are planning to relocate with your grandchild.

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What Is a Child Care Order?

There are several types of Child Care Orders, and their purpose is to enforce any actions deemed necessary by the courts.

The most common type of order is an Interim Order, which usually lasts between two months to 26 weeks. Its purpose is to outline steps that the parents need to take and provide opportunity for the local authority to observe that sufficient improvements in the child’s welfare have been made. After the interim period is over, the Judge will then decide whether or not their conditions have been met and make a ruling on whether further intervention is needed.

If you find you and your children involved with a social worker and social services, contact us straight away to arrange a consultation. We can advise you about legal aid and the steps that you should be taking.

Other types of Child Care Orders include Supervision Orders, Special Guardianship Orders, Care Orders, and Placement Orders. The conditions of these orders range from ongoing supervision to removing the child from their family and placing them in foster care for their own safety. If you are concerned about your child’s welfare or have been issued care proceedings, then it’s imperative that you seek legal counsel to help you navigate the courts and understand your options.

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To arrange a fixed fee first appointment with one of our specialist family solicitors, please contact us on 0161 429 7251 or email [email protected] . The meeting will last up to 1 hour in our Stockport office at a cost of £120 + VAT @ 20% after which, we will provide you with a written report of our discussion along with our professional advice.

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