What are Grandparents Rights?
At Banner Jones, we know that grandparents have a vital role to play in the upbringing of their grandchildren. When grandparents are denied access to their grandchildren, this can be heart-breaking. Unfortunately though, grandparents do not have an automatic right to have contact with their grandchildren.
The Family Courts do recognise that grandparents are an essential aspect of family life. It is in sporadic cases that the Court would deny access to grandchildren unless there are signs of any abuse or violence.
Is it possible for grandparents to apply to the Courts for access to see their grandchildren?
The law states that only people with parental responsibilities, such as parents, guardians or step-parents can apply for a child arrangements order for time with grandparents. However, grandparents can apply to the Courts to get "permission" for a child arrangements order for time with grandparents.
The Courts will consider the following:
- The applicant's connection with the child
- The reason for the application
Whether the application might be potentially harmful to the child's wellbeing.
If you are successful, you will be allowed to apply for a child arrangements order for time with grandparents. This is done through the Courts. Once successful, you will get access to your grandchildren.
However, if you are unsuccessful when either one or both parties refuse permission to apply for a child arrangements order for time with grandparents, you must attend a Full Court Hearing. Both parties will state their reasons for denying access. As a result, you must obtain excellent legal advice to represent your case. You and your legal advisor will have to persuade the Court that you have a positive, meaningful with your grandchildren and this will continue.
The Court must only give a child arrangements order for time with grandparents, if they consider the decision is better for the wellbeing of the grandchildren. The Court must also decide and weigh up that any continuous contact will have any negative impact on the rest of the family. However, it is in rare circumstances that the Court will deny access to grandchildren, such as any evidence of abuse or violence.
At Banner Jones, we know that families are precious. We've helped families in Sheffield, Dronfield, Mansfield, Chesterfield and Nottingham solve disputes politely and in a friendly manner.