Grandparents and their Rights

Becoming a Grandparent is a chance to see new life begin again and to know that the story of your family moves forward and continues into the next generation. It is a defining moment and an important milestone in life’s journey. It is a time of new opportunities, great joy and to make new memories with your growing family

Grandparents play a key role in the lives of grandchildren. Often, they help with childcare and provide advice and practical support. Children of all ages benefit from having a meaningful relationship with their grandparents. Sadly, when family relationships change or break down a grandparent’s connection with their grandchild can be fractured and changed. Sometimes the Grandparent cannot see their grandchild.

This can be devastating for all concerned and deeply upsetting. Grandparents do not have an automatic right to see their grandchildren. There is no presumption of seeing the grandchildren and spending time with them

Every Child has a right to a family life, and this includes having an ongoing and enduring relationship with a grandparent who has cared and supported them and been active in their childhood.

It is always best to try and talk through the issues with the parents and see if you can resolve matters and agree a way forward.  If you cannot talk to them, perhaps send a card, letter or email. This may be easier than having a face-to-face chat. You can plan in advance everything that needs to be said in a considered and measured way.

You can try Family mediation as the next step if there is no way of reaching an agreement or others do not want to talk about the problem. As a last resort, a grandparent can make an application for a Child Arrangement order to spend time with their grandchild. You would need to apply to the court for permission to make this application and if granted, the application will then proceed. The best interests of your grandchild will be at the heart of the Court proceedings, and their welfare will be the paramount consideration.

At Chattertons, we understand that legal issues involving children can be both difficult and complex. Our team of specialist lawyers are here to guide and support you through these sensitive matters.

Rachel MacLean, a member of the Law Society’s Children Panel for over 25 years, is a highly experienced children’s solicitor. During her 30 year career, Rachel has represented parents, grandparents, other family members, and children in complex children law cases.

Rachel combines extensive legal expertise with sensitivity and empathy. She will work closely with you to understand your situation and will strive to achieve the best possible outcome for you and your family.

Fees

Our family lawyers offer initial appointments on a Fixed Fee basis, to provide you with an opportunity to set out your history and current circumstances to a qualified person who will then provide you with initial advice tailored to your situation. After your initial meeting, we can provide a more detailed estimate of your potential costs. We also keep you updated on costs throughout your matter and provide a schedule of costs each time we bill.

Need Family Law Advice?

If you would like to talk to a member of our specialist Family Law team please contact your local office or complete our online enquiry form.