Grandparents’ Rights to See Grandchildren – Family Law Solicitors Manchester
When relationships within families break down, grandparents can sometimes lose contact with their grandchildren. This can be extremely distressing for both grandparents and children.
Although grandparents do not automatically have the same legal rights as parents, the law in England and Wales recognises the important role that grandparents often play in a child’s life.
At TM Fortis Solicitors, our experienced family law solicitors advise grandparents throughout Manchester who are seeking to maintain contact with their grandchildren following family disputes or separation.
Do Grandparents Have Legal Rights to See Their Grandchildren?
Grandparents do not automatically have a legal right to see their grandchildren under UK law.
However, grandparents can apply to the Family Court for permission to seek contact with their grandchildren through a Child Arrangements Order.
The court will always consider whether maintaining contact with grandparents is in the best interests of the child.
Applying for Contact with Grandchildren
In most cases, grandparents must first apply to the court for permission (leave) before applying for a Child Arrangements Order.
The court will consider several factors when deciding whether to grant permission, including:
- The nature of the relationship between the grandparent and child
- The reasons for the application
- Whether the application might disrupt the child’s life
Where the court considers that the application has merit, it will allow the case to proceed.
Child Arrangements Orders for Grandparents
If permission is granted, grandparents can apply for a Child Arrangements Order.
This order can determine:
- When and how the grandparent can spend time with the child
- Communication arrangements such as phone or video contact
- Holiday arrangements
The court will consider the welfare of the child above all other factors.
The Welfare of the Child
When deciding cases involving children, the court applies the welfare principle, meaning that the child’s welfare is the court’s paramount consideration.
The court will consider factors including:
- The wishes and feelings of the child (depending on age and maturity)
- The child’s emotional and physical needs
- The likely effect of any change in circumstances
- The child’s relationship with the grandparent
- Any risk of harm
Where grandparents have played an important role in a child’s life, courts often recognise the value of maintaining that relationship.
Resolving Disputes Without Court
Court proceedings can be stressful and costly for families. Where possible, it is often better to resolve disputes through discussion or mediation.
Family mediation can help grandparents and parents reach agreements regarding contact arrangements in a constructive way.
Mediation is often quicker, less costly and less confrontational than court proceedings.
When Court Action May Be Necessary
In some cases, mediation may not be successful or contact may be refused entirely.
In these situations, grandparents may need to apply to the Family Court for an order.
Our family law solicitors can assist with:
- Applications for permission to apply for contact
- Child Arrangements Orders
- Representation in Family Court proceedings
How TM Fortis Solicitors Can Help
Our experienced family law solicitors regularly assist grandparents seeking to maintain relationships with their grandchildren.
We provide advice and representation in matters including:
- Grandparents’ contact disputes
- Child Arrangements Order applications
- Family mediation
- Court representation
Our aim is to help families reach arrangements that are in the best interests of the child.
Contact Our Family Law Solicitors
If you are a grandparent seeking advice regarding contact with your grandchildren, our family law solicitors at TM Fortis Solicitors can assist you.
Contact TM Fortis Solicitors today on 0161 220 6040 to discuss your situation and obtain expert legal advice.
