Grandparents Rights

Many grandparents have an important role in their grandchildren’s lives, often forming a deep bond with them as well as providing much-needed childcare.

However, grandparents can all too easily find their access to their grandchildren is gone when the parental relationship breaks down or ends through bereavement.

What are grandparents rights in the UK? This post from Setfords’ family law expert Alastair Sinclair answers some of the most common questions.

Do grandparents have a right to see their grandchildren?

When faced with this situation, many grandparents assume they have a right to see their grandchildren. However, they may be shocked to find out that this is not the case. In the UK, grandparents have no automatic right to see their grandchildren. This means they can become the unwitting victims of the emotional fallout that can happen when the parents’ relationship breaks down.

Can I ask for rights to see my grandchildren?

Before going to the court, you should always approach the child’s parents to try and come to an arrangement first. If approaching them directly doesn’t work, mediation or another form of alternative dispute resolution can be used to try and come to an agreement.

However, if this fails, grandparents can seek the court’s permission to have rights to see their grandchildren.

This permission is usually readily granted, depending on the circumstances. The court always acts in the best interests of the child. As part of this, they will consider:

• The grandparent’s relationship with the child
• The nature of the application (what is being asked for)
• Whether contact with the grandparents may harm the child’s wellbeing

What happens next for grandparents seeking rights to their grandchildren? 

Once the court has granted permission to make an application to have contact with the grandchildren, they will apply the same process as they would if it was a parent making an application for a child arrangements order. 

In any children’s maters, the key principle is making decisions that are in the best interests of the children.

In order to decide what’s in the children’s best interests, the court may require:

• Witness statements from the grandparents and parents
• Involvement from the Children and Family Court Advisory Service (CAFCASS)
• The appointment of a Guardian ad litem (someone appoinnted by the court to represent the children and their best interests)
• Expert reports

All circumstances will be considered before the court decides whether to grant an order or not.

The process may sound daunting, but the court always recognises the importance that grandparents can have in the lives of their grandchildren.

The fact of the matter is that a parent can’t decide to cut a grandparent out of a child’s life completely. even if the relationship with their former partner has broken down.

If the circumstances allow, the court will make an order for the grandparent to see their grandchildren. This is the case even if one parent abjectly refuses to agree. The court has the power to enforce the order if the parent doesn’t comply. This can include fines and even prison, as a last resort.

How can a lawyer help me?

Setfords’ family lawyers recognise how complex grandparents rights can be in UK law. Alastair Sinclair is an expert in this area, helping families to navigate such sensitive matters whilst preserving important relationships and putting the best interests of the children first. Alastair has significant experience in representing grandparents, even in highly contentious disputes. He always aims to find an amicable solution where possible, helping grandparents and their grandchildren to restore meaningful relationships.

In most cases, a way forward can be agreed upon without going to court. However, if court involvement is needed, we can pursue your application to its conclusion.