Family relationships are not always straight forward and it is not uncommon for grandparents to become separated from their grandchildren. Unfortunately, grandparents’ rights to see grandchildren are not straightforward. Grandparents have no official legal right to see their grandchildren and naturally, this can cause many issues and disputes.
If you are struggling to access your grandchildren or require legal assistance for other grandchild related matters, our expert grandparents’ rights solicitors in Stafford & Rugeley can assist you with sensitive and bespoke support.
We can help protect your relationship with your grandchildren
Our Children Law team can advise you on:
- Agreeing access to your grandchildren with their parents
- Court proceedings for access to grandchildren
- Special Guardianship Orders for grandchildren
Get expert help from our grandparents’ rights solicitors
For sensitive, expert legal advice on grandparents’ rights, please get in touch with our solicitors in Stafford and Rugeley.
Our grandparents’ rights services
Agreeing access to your grandchildren with their parents
Disputes over grandparents’ access rights are fairly common, for example, grandparents may have difficulty maintaining a relationship with their grandchildren. This might be caused by conflict with the child’s parents or other complications in the family dynamics.
Regardless of the reason, being estranged from your grandchildren can be difficult to bear and hard to resolve without legal support.
Our specialist lawyers can assist clients to resolve grandparents’ rights issues, for instance, by facilitating mediation sessions or using collaborative law. Such approaches give all involves parties an opportunity for amicable negotiation and a means to communicate their concerns.
Court proceedings for access to grandchildren
Where families fail to reach an agreement, our expert lawyers can assist you to apply for a Child Arrangements Order. This is the only way to establish the legal rights of grandparents to see their grandchildren. As a grandparent, you do not have the automatic right to make such an application, so you must first apply for permission to do so, which our team can guide you through.
The Court will consider various factors, such as:
- If the application would disrupt the child’s life in any way
- What connection the child and the grandparent have
- The general context of the Child Arrangements Order
We understand that Court proceedings with family members can feel intimidating. Rest assured, you will receive the benefit of our extensive expertise and sensitive approach, helping matters to run smoothly.
Special Guardianship Orders for grandchildren
In some scenarios, grandparents may need to obtain parental rights for their grandchildren, for example, if the child’s own parent(s) are not in a position to look after them.
In these circumstances, our solicitors can offer advice on grandparents’ custody rights.
A Special Guardianship Order refers to a Court order that puts a child in the care of someone who is not their parent, often another family member, as a long-term arrangement. The person is legally appointed as a Special Guardian for the child.
The order effectively gives parental responsibility to the Special Guardian. It is useful in scenarios where it is appropriate for the child to retain links with their birth parent(s).
Grandparents’ rights – key things to know
What rights do grandparents have?
There are no default ‘grandparents’ rights in law, meaning grandparents do not have a legal right to see their grandchildren unless they actively apply for this right through the Family Court.
While this may sound concerning for grandparents, family solicitors can help grandparents to establish their rights in most cases. The Court will always consider the family circumstances and what is best for the wellbeing of the grandchildren when making a decision.
How to apply for grandparents’ rights?
If you cannot see your grandchildren, you’ll need to get in touch with a family lawyer who can support you. If your grandchild’s parents are preventing you from seeing your grandchildren, your lawyer can attempt to facilitate mediation processes, guiding the parties in dispute to reach an agreement.
Where alternative dispute resolution fails, your solicitor will support you to apply for a Court Order to gain access rights. This is the only way to legally establish your rights as a grandparent.
The Court will review the following when determining whether or not to grant a Child Arrangements Order:
- The family circumstances and any relevant information shown on the Court application
- The dynamics of the grandparent-grandchild relationship
- Whether grandparent and grandchild contact would have a negative impact on the grandchild’s wellbeing
- If contact would be harmful to other members of the family
Can parents stop grandparents seeing their grandchildren?
Grandparents’ rights in the UK are not automatically granted, so it is possible for your child to stop you from seeing your grandchild. Working with an expert grandparents’ rights solicitor gives you the best chance to establish your rights and regain contact.
Can grandparents obtain residence of their grandchildren?
Yes, as covered above, grandparents can potentially become the legal guardians of their grandchildren, either through a Special Guardianship Order or adoption. A residence order is what was previously referred to a ‘custody’ and this means that you became the primary person the child or children live with, responsible for making day-to-day decisions about their upbringing.
Why choose Pickering & Butters for grandparents’ rights advice?
Specialist expertise in child law
Our team our seasoned experts in child law, with Law Society accreditation for our wider Family Law expertise. As such, you can be confident we fully understand these challenging issues and can give clear legal advice for grandparents that you can trust.
We are also proud to be Lexcel accredited by the Law Society, which has recognised our excellent client care and general practice management.
Putting your grandchildren first
We know how important your grandchildren are to you. We will always make sure their needs are put first, while also protecting your relationship with them.
We have strong skills in alternative dispute resolution, so can give you the best chance of resolving even the most acrimonious situations without court proceedings, which is generally better for your grandchildren and everyone else involved.
Personal service every step of the way
Dealing with family disputes is never easy, so our team make sure to provide close, personal support throughout the whole process. You will have a dedicated member of the team working on your case from start to finish, so you always know who to speak to if you have a question or need an update.
Our fees
We know cost can be a sensitive issue, so always aim for complete openness about our fees. We will provide an estimate at the start covering all likely costs, so you know exactly what is required.
Should any additional costs arise during the course of your case, we will always agree this with you upfront before any billable work is carried out.
For more general information about our legal fees, you can take a look at our pricing.
Get in touch with our grandparents’ rights solicitors in Stafford and Rugeley
For sensitive, expert legal advice on grandparents’ rights, please get in touch with our solicitors in Stafford and Rugeley.
