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Grandparents
Rights

Grandparents play a vital role in a child’s life, but contact can be lost or restricted after a family breakdown. While grandparents do not have automatic legal rights, the family court recognises the value of these relationships and can grant permission to apply for a contact order. We advise grandparents facing difficulties seeing their grandchildren and help them understand the options. Whether through informal agreement or a court application, we work to help them maintain a meaningful relationship with their grandchildren.

Grandparents Rights Guide

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Grandparents rights to see their grandchildren

Family dynamics can be challenging, especially after a separation or divorce. Grandparents play a vital role in children’s lives, providing emotional support, stability, and guidance. However, grandparents don’t automatically have the legal right to see their grandchildren, which can lead to complex situations when family relationships break down.

If access is restricted, grandparents can apply for permission from the court to request contact. This permission process is a necessary step before proceeding with an application for a Child Arrangements Order (CAO) or Order of Contact, which defines the terms of contact grandparents may have with their grandchildren.

How frodshams help with grandparents rights

If you’re experiencing challenges in maintaining contact with your grandchildren, our family law team is here to guide and support you through the legal process, ensuring your voice is heard and your rights are respected.

Because grandparents rights don’t automatically provide legal access to grandchildren, the first step is applying for permission from the court. Our team will support you through this process, explaining the requirements and helping to build a strong case that demonstrates the positive role you play in your grandchild’s life.

Once permission is granted, we can assist you in applying for a Child Arrangements Order or Order of Contact to establish regular contact. These orders outline the time and conditions under which you can spend time with your grandchild. We’ll ensure that your application reflects the best interests of your family, prioritising a stable, loving environment for your grandchild.

Mediation can be an effective way to reach an agreement with the child’s parents without court involvement. We’ll help facilitate mediation sessions, aiming to find common ground that allows you to stay involved in your grandchild’s life while minimising family conflict.

In certain circumstances, such as if you’re the primary caregiver or if the child’s parents are unable to provide care, you may wish to apply for parental responsibility. We’ll guide you through the complexities of this process, ensuring you understand your options and any responsibilities this may entail.

What factors does the court consider?

When deciding on a grandparents request for contact with a grandchild, the court’s primary focus is always the child’s welfare. The court carefully evaluates factors to determine what arrangement best serves the child’s emotional and physical well-being. These factors typically include:

The court considers the strength of the bond and the role the grandparent has played in the child’s life. A well-established, positive relationship can support a grandparents case for contact.

The child’s well-being is the court’s priority, including their emotional, physical, and social needs. The court examines how continued contact with the grandparent may benefit or impact the child.

The court also considers whether granting contact could lead to conflicts within the family, as well as how any resulting tensions may affect the child’s stability and environment.

If a grandparent has been actively involved in the child’s life and has had regular contact, this history can support a request for continued access.

If there are any past issues or conflicts within the family (including disputes or domestic abuse), the court assesses whether contact could be disruptive or detrimental to the child’s welfare.

These factors guide the court in helping to ensure that any decision aligns with the child’s best interests. At Frodshams, we’ll help you present your case effectively, addressing each of these considerations to support your application.

In specific circumstances, grandparents may wish to apply for parental responsibility, especially if they have been a primary caregiver or if the child’s parents are unable to care for them. Parental responsibility grants the legal authority to make important decisions about the child’s upbringing, including their education, healthcare, and overall welfare.

This process is more complex than applying for contact alone, as it involves proving to the court that assuming parental responsibility is in the child’s best interests. In most cases, grandparents would need to either secure a Child Arrangements Order or apply to become the child’s special guardian, which grants enhanced rights and responsibilities.

At Frodshams, we understand the essential role grandparents play in a child’s life and the importance of maintaining family bonds. Our experienced family law team is dedicated to helping navigate grandparents rights with compassion and expertise. We offer personalised guidance, tailored to your family’s unique situation, ensuring that you feel supported and informed at every step.

Whether you’re seeking contact, applying for parental responsibility, or exploring other legal options, Frodshams is here to provide the understanding and dedication you deserve.

Frequently asked grandparents rights questions

In the UK, grandparents don’t have an automatic legal right to see their grandchildren. However, they can apply for permission from the court to seek contact, often via an Order of Contact or Child Arrangements Order.

To apply for contact, grandparents must first seek permission from the court. If permission is granted, they can apply for a Child Arrangements Order or Order of Contact to specify contact terms. Frodshams can guide grandparents through each stage.

A Child Arrangements Order (CAO) is a broad order that covers both living arrangements and contact, while an Order of Contact specifies the terms of contact with a child. Although CAO is the preferred term, “Order of Contact” is still sometimes used to describe contact-specific arrangements.

A Child Arrangements Order is a court order that specifies where a child will live and how much time they spend with each parent or other family members, such as grandparents. This order can be essential for grandparents seeking regular contact with their grandchildren.

Having a family law solicitor can ensure you’re well-prepared, especially given the complex nature of family law cases. A solicitor provides guidance, handles paperwork, and represents your interests, supporting a favourable outcome.

Yes, in cases where the child’s parents are unable to provide care, grandparents may apply for special guardianship. This provides a high level of responsibility and is often considered a long-term solution. Frodshams can advise on this process and what it entails.

HEATHER BROADFIELD

HEAD OF FAMILY LAW

TO CONTACT HEATHER PLEASE
CALL01744 626 600
EMAILinfo@frodshams.co.uk

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“Our goal is to simplify the process and ease your stress so you feel confident and cared for every step of the way.”

Our team have many years of experience in helping clients and their families navigate the legal process during some of life’s most challenging and difficult times. Led by our Head of Family Law, Heather Broadfield, our Family Law department handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.

TO CONTACT HEATHER PLEASE CALL01744 626 600
EMAILinfo@frodshams.co.uk

To find out more, speak to us on
01744 626 600 or email

“Heather kept in regular contact and promptly informed me of updates and changes. She gave me the important updates that I needed and didn’t overwhelm me with things that I didn’t need to know.”

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Grandparents Rights

Grandparents Rights Guide

Grandparents rights to see their grandchildren

How frodshams help with grandparents rights

GUIDING YOU THROUGH THE PERMISSION PROCESS

APPLYING FOR A CHILD ARRANGEMENTS ORDER OR ORDER OF CONTACT

SUPPORTING YOU THROUGH FAMILY MEDIATION

ADVISING ON PARENTAL RESPONSIBILITY OPTIONS

What factors does the court consider?

THE RELATIONSHIP BETWEEN THE GRANDPARENT AND THE CHILD

THE CHILD'S WELFARE AND BEST INTERESTS

THE POTENTIAL IMPACT ON FAMILY RELATIONSHIPS

PREVIOUS LEVELS OF CONTACT

ANY HISTORY OF FAMILY CONFLICT OR CONCERNS

CAN GRANDPARENTS APPLY FOR PARENTAL RESPONSIBILITY?

CHOOSING FRODSHAMS FOR SUPPORT WITH GRANDPARENTS RIGHTS

Frequently asked grandparents rights questions

DO GRANDPARENTS HAVE A LEGAL RIGHT TO SEE THEIR GRANDCHILDREN?

HOW CAN GRANDPARENTS APPLY FOR CONTACT WITH THEIR GRANDCHILDREN?

WHAT IS THE DIFFERENCE BETWEEN A CHILD ARRANGEMENTS ORDER AND AN ORDER OF CONTACT?

WHAT IS A CHILD ARRANGEMENTS ORDER?

WILL I NEED A SOLICITOR TO APPLY FOR CONTACT OR PARENTAL RESPONSIBILITY?

CAN GRANDPARENTS BE GRANTED SPECIAL GUARDIANSHIP OF A GRANDCHILD?

Grandparents
Rights