Do grandparents have automatic legal rights to see their grandchildren?
Grandparents do not have an automatic legal right to contact, but they can apply to the court for permission to make a contact application, if it is in the child’s best interests.
What can I do if I have been denied access to my grandchildren?
You may be able to resolve the issue through family mediation or, if that fails, apply to the court for a Child Arrangements Order.
Can I apply for custody of my grandchildren?
Yes. If a child’s parents are unable to care for them, grandparents can apply for a Special Guardianship Order, or a Child Arrangements Order to secure residence.
Do I need the court’s permission to apply for contact?
In most cases, yes. Grandparents must first apply for permission before the court are able to consider an application for a Child Arrangements Order for contact, unless they already have parental responsibility.
How does the court decide if I can have contact with my grandchildren?
The court considers the child’s welfare first and foremost, the nature of your relationship, and whether contact would benefit the child’s wellbeing.
Can mediation help before going to court?
Yes, mediation is usually required before making a court application. It can help reach an agreement with the child’s parents without the need for legal proceedings.
What is a Special Guardianship Order, and how it is different from adoption?
A Special Guardianship Order gives grandparents parental responsibility without severing the legal ties between the child and their parents, unlike adoption.
Will the court listen to me as a grandparent?
Yes, more now than ever before. Courts now strongly recognise the value of extended family, particularly grandparents who have played a caring or stable role within a child’s life.
