Grandparents Access & Rights – Legal Advice

Offices in Leeds, Harrogate and London. Working with clients across the UK and overseas.

Are you a grandparent who is having issues relating to access to see your grandchild/ren? When the parents of a child separate, it can have a far-reaching effect on extended members of the family, perhaps most notably on grandparents, who may then face difficulties in seeing their grandchildren which can be very upsetting and emotionally draining. At Consilia Legal, our family solicitors have extensive experience in dealing with issues around the rights of grandparents, we are here to help

Unfortunately, grandparents do not have an automatic right to see their grandchildren if a parent won’t allow it, however, there are several steps you can take in order to arrange to see your grandchildren, for example, trying to reach an agreement with the parents directly or by attending family mediation if you feel having an independent third person present may help with facilitating the conversation and working towards an agreement.

In the event that you cannot reach an agreement, you can make an application to the Court to be granted permission to apply for a Child Arrangements Order to define the time you spend with your grandchildren.

When considering your application for permission, the Court will take into account the following factors: –

• The nature of your application;
• Your connection with the child; and
• Any risk of your application disrupting the child’s life and causing harm to the child.

If the Court grants you permission to apply, the normal procedure to apply for a Child Arrangements Order will then apply including the requirement to attend a Mediation Information Assessment Appointment (MIAM).