Overview
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GRANDPARENT RIGHTS
Grandparents, either maternal or paternal, play a vital role in any family unit. When a marriage ends in divorce and there is a relationship breakdown, it is understandable for grandparents to worry about maintaining contact with their grandchildren.
In some circumstances, you may face the risk of being separated from loved ones and have to fight to continue a relationship with them. While the law does not give grandparents an automatic right to see their grandchild, there are legal steps you can take and we can guide you through them.
The Law
Grandparents do not have a legal right to see their grandchildren.
Under the Children Act 1989, parents, guardians, people with parental responsibility, or people who have lived with the child for three years can apply for a Child Arrangements Order which can determine who the child has contact with.
This does not include grandparents or other relatives, who must ask permission from the court to apply for a Child Arrangements Order. This can be a protracted and expensive process.
Resolving the issue out of court
If it is appropriate and safe, the first step is to try and maintain a relationship with the parents. Many disputes can be resolved through positive and calm communication, particularly if you reassure them that your focus is the child’s wellbeing.
Where this is not possible or proves unsuccessful, family mediation may be an option. The court will likely suggest this as a way forward too. A mediator, who is completely independent, can try and help you reach an agreement with the parents. This can only take place if both parties agree to attend and, while it is cheaper than court proceedings, does have a cost attached.
Child Arrangements Orders
If these methods do not work, then you may wish to apply to the court.
This is a two-stage process. First, you must ask the court for permission to apply. The court will consider the relationship to the child and the impact on the child. If permission is granted, then you can apply for a Child Arrangements Order. During the process, a CAFCASS officer may be involved to write a report on what is in the best interest of the child which the court will take into account.
Every case is different, but the court often recognises that children benefit from having a relationship with their grandparents.
Can the parents ignore a court order?
If a court order is made and not followed, the court has the power to enforce its decision and make further steps if necessary. In the event that you are being denied contact with a grandchild against the wishes of the court, you should speak to a solicitor who will advise on the best course of action.
Speak to a solicitor about Grandparent Rights
If you are having difficulties maintaining contact with your grandchildren, early legal advice can make a significant difference.
At Rosie Bracher Solicitors, we will provide clear, compassionate advice tailored to your situation. We will guide you through every step of the process.
Contact us today to discuss your options and protect your relationship with your grandchildren.
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