Grandparents Rights: Grandparents often play a crucial role in the lives of their grandchildren, offering love and support. However, family disputes or parental separation can sometimes result in their time with together being limited or even ending completely.
We appreciate how important this relationship is and explore below the legal position of grandparents in England and Wales and offer guidance below on how to navigate these challenges.
The Importance of Grandparent-Grandchild Relationships
Grandparents often serve as secondary caregivers and emotional anchors for their grandchildren. Studies have shown that these relationships can significantly benefit children’s emotional and social development.
In England and Wales, grandparents do not have an automatic legal right to see their grandchildren however it is still possible to make an application to court if informal arrangements cannot be put in place.
Grandparents Rights: Initial Steps
We would always urge attempting to reach agreement without resorting to court proceedings immediately and would assist you in trying to reach an amicable settlement in this way. In our view it is better for your grandchildren if arrangements can be agreed between parents and grandparents and we can help you work towards this.
In addition mediation is a very useful tool for dealing with family disputes and must be attempted before an application to court can be made. We are happy to discuss this process with you and explain what is involved.
Court Proceedings
As stated above grandparents do not have an automatic legal right to see their grandchildren so if there is ultimately no alternative other than the issue of proceedings permission must be obtained from the Court as a preliminary step before the application can proceed. We will advise on this process, what the court will consider and the procedure and application forms to be completed.
The best interests of the child or children will be of paramount importance to the Court and our role will be to advise you on the evidence that will be required to prove that spending time with their grandparents is best for the child.
Helpful information can be also obtained on the Cafcass Cymru/Cafcass England websites; Cafcass Cymru | GOV.WALES Welcome to Cafcass | Cafcass
Next Steps
Please contact our office to arrange an initial call to discuss the problems you are facing and find out how we can help you. We will be happy to discuss the process and give guidance as to the likely legal and court fees that will be involved.
Author Solicitor and Grandparent – Mary Minton – ma**@md***********.uk