Grandparents Rights

Grandparents have much to offer families, and a strong relationship with grandchildren can benefit the children and the whole family. However, if your family situation means that grandparents can no longer spend the time they would like with a grandchild, it can be distressing. Our family law specialist solicitors often work with grandparents to help them contact grandchildren.

At Chattertons, we know how valuable the role of grandparents can be in a child’s life and how important it is for grandparents to have a strong relationship with their grandchildren. We can advise you of your rights as a grandparent and, where necessary, take steps on your behalf to promote the relationships you would like to have.

Our family law solicitors always aim to resolve matters amicably and without litigation. We can negotiate on your behalf to find a way forward. If necessary, we can advise you on the benefits of mediation and guide you through the mediation process. Handling matters out of court is always preferable and can help prevent relationships from deteriorating.

As experienced family lawyers, we have a strong track record of successfully resolving matters with minimal conflict.

How our specialist solicitors can help you

We offer a complete service to grandparents, including:

• Advice on spending time with grandchildren and grandparents rights after divorce
• Representation in negotiating contact with grandchildren
• Application for an order in relation to grandchildren
• Dispute resolution for grandparents, including mediation

We also provide a full range of family law services.

Speak to our solicitors today

For expert advice on how grandparents can continue to play a part in the grandchildren's lives in the UK, you can contact our local Family Law teams in Boston, Bourne, Grantham, Horncastle, Lincoln, London, Newark, Sleaford, Spalding or Stamford.

To ask a question or request a call back at a time that suits you, please use our simple enquiry form, and a team member will get back to you promptly.

Frequently asked questions about the role of grandparents

What rights do grandparents have to see their grandchildren?

We are often asked about grandparents' rights regarding their grandchildren, particularly after a child’s parents have separated. While there are no specific rights as a grandparent, we can often work to agree on voluntary arrangements that will allow you to spend time with a grandchild.

The courts prefer family disagreements to be dealt with amicably wherever possible, without the need for court intervention. Our first step will be to discuss the potential for reaching an agreement with the child’s parents and, where necessary, represent you in establishing a schedule of contact.

Another option is to use the mediation process, in which a mediator helps everyone involved explore possible solutions. Our team can advise you on the mediation process and provide you with any guidance you need.

How can grandparents apply to the Court?

Although grandparents do not automatically have rights regarding their grandchildren, family courts are prepared to allow contact when they believe it will be in a child’s best interests.

You will need the court’s permission to apply for a contact order for grandchildren. We can handle this on your behalf and ensure your application is as persuasive as possible. We will provide the court with evidence of your relationship with your grandchildren, show that they will be safe with you, and ensure that any arrangements that you propose are reasonable and in the children's best interests.

The Court will notify the child’s parents, who can raise an objection. If they do, there will be a hearing at which the court will consider what it believes is right for the children.

If the court permits, the court can then approve an application for a child arrangement order.

For more information on child arrangements, see our child law solicitors page.

How much are legal costs?

The cost will depend on several factors, including how willing the child’s parents are to negotiate grandchild contact and whether court proceedings are needed.

Our specialist solicitors will discuss the potential costs with you at the outset and give you estimates of the expenses involved. We will ensure that you have updates as needed so that you are in control of the charges throughout. If you would like to talk about the cost of arranging contact with your grandchildren, call us today, and we will be happy to help.

Can a parent stop a child from seeing grandparents?

Parents control where their children go and whom they see, so they can stop grandparents from seeing grandchildren if a relationship breaks down. However, if the court makes a child arrangements order granting you permission to see grandchildren, their parents will be legally bound to comply.

Can grandparents apply for a child arrangement order?

Grandparents can only apply for a child arrangements order if the courts give them permission. This means a separate application must be made first, asking the courts for permission to apply.

If this is granted, you will be able to go through the application process for a child arrangements order. This type of order specifies who a child will see, how much time they will spend with the individual and where contact will take place.

Before an application can be made, the courts now insist that you consider whether mediation could help. This is done by attending a Mediation Information and Assessment Meeting or MIAM. A neutral mediator will explain the mediation process to you and to the child’s parents and you can decide whether you want to use this to try and agree on a way forward.

If mediation fails or you decide not to try it, you can ask the court for an order.

The courts will prioritise the needs of the child when deciding whether to make a child arrangements order in favour of grandparents. They will usually ask the Child and Family Court Advisory and Support Service (Cafcass) to assist by interviewing family members, speaking to the children where appropriate, and preparing a report for the court.

When making an order relating to a child’s upbringing, the court will use the child welfare checklist set out in the Children Act 1989. The list states that the court shall have regard to:

• The child’s wishes and feelings in the light of their age and understanding
• Their physical, emotional and educational needs
• The likely effect on the child of any change in circumstances
• Their age, sex, background and any other characteristics the court considers relevant
• Any harm the child has suffered or is at risk of suffering
• How capable any relevant person is of meeting their needs
• The range of powers available to the court

Can parents keep their children away from grandparents?

Parents can keep their children from seeing grandparents if they wish. If this happens, the best approach is to keep matters as amicable as possible and avoid confrontation. It may be that only one parent objects, but even so, you need to be careful not to take steps that they may not agree to.

Our family law solicitors have wide experience in helping grandparents negotiate contact and we can work with you to establish the best approach. We are often able to resolve matters out of court, reducing the level of conflict and working constructively to help find a way forward that is acceptable to everyone.

We know that it can be extremely upsetting for grandparents to be kept away from their grandchildren. If you would like to call us to talk through your situation, we will do all we can to help.

Speak to our grandparents rights solicitors

For expert advice on grandparents legal rights, you can contact an expert  lawyer in Boston, Grantham, Horncastle, Lincoln, London, Newark, Sleaford, Spalding or Stamford.

To ask a question or request a call back at a time that suits you, please use our simple enquiry form and a member of our team will get back to you promptly.