Law Articles

Grandparents' rights in relation to their grandchildren 10/04/2024

Much attention in family law is given to the rights of parents in relation to residence and contact arrangements for children. Grandparents often, however, also play a pivotal role in children's lives, and their rights, particularly in the context of contact with grandchildren, are significant. In England and Wales, the legal landscape recognises the valuable contribution grandparents make to their grandchildren's lives, and there are provisions in place to ensure that this bond is not easily broken.

Unlike parents, grandparents do not have automatic legal rights to see or care for their grandchildren. This does not, however, mean they are without legal recourse. If a grandparent is denied contact with a grandchild, they have the right to apply to the court for a Child Arrangements Order. This order determines who a child will live with, spend time with, or otherwise have contact with.

Unlike parents, before applying for such an order, grandparents must first seek permission from the court. This initial step is necessary because the law prioritises the child's welfare, ensuring that any applications are genuinely in the child's best interests. In most cases, the courts recognise the invaluable role grandparents play in a child's upbringing and are inclined to grant permission, especially if it can be demonstrated that prior contact was beneficial for the child.

When determining whether to grant a grandparent residence or contact, the court will consider several factors, all centred around the child's welfare. These include:

• The child's wishes and feelings, taking into account their age and understanding.
• The potential impact of any changes on the child.
• The child's physical, emotional, and educational needs.
• Any risk of harm or abuse to the child.
• The capability of the grandparents (or other relevant parties) to meet the child's needs.

The overarching principle is always the child's best interests. If maintaining or establishing contact with grandparents serves this interest, the court will likely grant the application.

In more extreme cases, grandparents may seek residence of their grandchildren. This is more complex and typically arises in situations where neither parent can care for the child. Again, while grandparents do not have automatic rights, they can apply for a Lives With Child Arrangements Order.

A Lives With Child Arrangements Order determines where a child will live. If granted, it can provide grandparents with day-to-day responsibility for the child, while parents (if alive) retain their parental responsibility.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.