Child Law
Rights for Grandparents
Many grandparents help to raise their grandchildren from a young age or spend a significant amount of time with their grandchild.
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Grandparents may passionately love their grandchildren.
Many of them help to raise their grandchildren from a young age or spend a significant amount of time with their grandchild. Then, things change. The parents may divorce or separate or perhaps even move further away. Other times, disputes occur within the family, which could mean you are no longer able to spend time with your child.
Under the laws in England and Wales, grandparents do not have automatic rights to remain in contact with their grandchildren. For many grandparents, that can seem devastating.
However, family courts will recognise the value that a grandparent offers to the child and, in some situations, will require that the grandparent has the ability to remain in contact with that child. There are various reasons why this may happen and some where it may not. Because it is a complicated area of the law, we highly encourage you to work with a family law solicitor with experience in the area of grandparent rights.
When Can a Grandparent Seek Access to Their Grandchildren?
Every legal situation is quite different. The Court is not likely to give parental responsibility to anyone outside of the child’s legal parents. Under the law, there can only be two legal parents for any child. Stepparents, guardians, and others can make an application for a Contact Order.
However, grandparents have more limitations on their ability to do this. They can apply for permission (called leave) to apply for a Contact Order to the Court. In this situation, the Court will look at the details of the case and then make a decision based on various factors, including:
- The connection the grandparent has with the child
- The nature of the application – why you are applying for it
- Whether the application in any way could harm the child’s well-being or is otherwise not in the best interest of the child
All of these factors are considered by the Court. If the Court agrees that the grandparent should have contact with the child, they will grant the grandparent right to apply for a Contact Order.
It is only on the approval of the Contact Order that the grandparent is given access to the child. In many situations, one or both parents may object to this. If that occurs, then a full hearing occurs, and both parties will need to present evidence to support their specific stance.
Showing the Court you have reason to maintain a relationship with the grandchild and that doing so may even be beneficial to both of you is important. Our grandparent rights solicitors will work closely with you to help you establish this right and show the Court that not having contact with your grandchild could negatively impact the child in some way.
What Occurs in Instances of Divorce?
One of the times Austin Kemp’s solicitors are very commonly reached out to is when a divorce occurs. Divorce or legal separation can complicate this process because it means that the grandparent’s ability to see a grandchild may be limited due to the parental orders and custody that is awarded.
We highly encourage you to contact us at this time so we can work to help establish your rights in these situations.
Most often, the grandparent’s rights are not considered in the process of establishing child custody. Yet, today, as more grandparents raise their grandchildren or play a more significant role in that child, it is more critical than ever to protect your legal rights. We encourage you to reach out to our legal team for guidance and advice.
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How Can Austin Kemp’s Divorce Solicitors Help You?
Austin Kemp’s solicitors can help you as the grandparent to obtain a Contact Order for your grandchildren. Our first recommended step is to contact us to gain more insight into your legal rights right now. We can help you in several ways:
- Help you understand what your current rights and limitations are in relation to your grandchildren
- Provide insight into what legal paths may be available to help you establish grandparent rights
- Create a plan that enables you to prove to the Court the value of your continued relationship with your grandchild
- Negotiate and mediate with parents, if appropriate, to help ensure your voice is heard
- Support you as conditions change over time to protect your rights
There is no guarantee that you can require the parents of your grandchildren to provide contact to you. Whenever possible, it is best to work on these relationships outside of the Court as a first step. Yet, we realise that does not always happen and, in many situations, grandparents may feel significantly limited.
No matter your situation, we encourage you to reach out to us to learn more. Let us provide insight into your situation.
If you feel your grandchild is unsafe in any way or perhaps that the child is not receiving the care needed from their legal parents, we encourage you to reach out to us immediately for guidance. Let us offer insight into the legal paths that could help you to protect your grandchild.
Austin Kemp’s Divorce Solicitors Provide a Wide Range of Service
At Austin Kemp, we are noted for our long history of providing exceptional legal support during the divorce and separation process. Our legal team consistently works with families to create a fair divorce settlement and helps to ensure that those involved know what they are eligible for.
We are also noted for our passion for protecting our client’s rights, including grandparents. The first step is for you to contact our legal team to learn more about your rights and the limitations you are facing right now. Let us offer guidance to help you begin the process of getting the Court to agree to a contact order.
To learn more, set up a consultation with our family solicitor. Let us help you understand your situation from a legal standpoint and help you to create a path forward for protecting your future and your grandchild.
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