In England and Wales, grandparents do not automatically have the right to see their grandchildren.
If you are a parent whose name is on your child’s birth certificate you automatically have parental responsibility for your child and an automatic right to apply to the Court for any issues relating to your child. This means that unfortunately as a grandparent you have no such automatic right
If upon divorce or separation, parents deny grandparents access to their grandchildren then grandparents can apply to the Court for a child arrangements order which stipulates how much time they can spend with their grandchildren. However, they must first seek permission from the Court unless the child has lived with them. This additional step is in place to act as a filter to sift out those applications that are not in the child’s best interests.
Once a grandparents’ application to apply for a child arrangements order has been granted, they will then proceed to apply through the Courts for an order setting out how often they can spend time with their grandchildren. Just because they are given permission to make the application does not guarantee success of the application.
During the Court process, the grandparents will need to persuade the Court that they have a meaningful and ongoing relationship with their grandchildren which benefits their lives and is in the best interests of the grandchildren. The Court will only make an order if it is in the best interests of the children and where making an order is better for the child than making no order at all. However, only in exceptional circumstances would it be the case that an application by a grandparent to spend time with their grandchild is denied.
Before any application is made to the Court, parties are required to consider mediation which is a process whereby parties are encouraged to reach agreement.
If you are being denied spending time with your grandchildren and you wish to discuss the matter in more detail please do not hesitate to contact RJT Solicitors on 01257 228027 or email info@rjtsolicitors.co.uk for a free 30 minute no obligation consultation
