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Grandparents often have a strong bond with their grandchildren, and it can be difficult and painful to lose contact with them. While grandparents do not have automatic rights to see their grandchildren, there are a number of options open to them.
At SMR Solicitors, we can advise you on dealing with issues relating to your grandchildren. You may be able to ask the court to make an order granting you contact and, where the court believes that this is in a child’s best interests, it may be agreed.
Our legal services for grandparents include:
- Advising you of the potential options open to you
- Supporting and advising you through the mediation process
- Asking the court for permission to apply for a child arrangements order or other order such as a specific issue order or prohibited steps order
- Making an application to the court for a child arrangements order or specific issue order or prohibited steps order
- Advice on becoming your grandchild’s legal guardian or adopting your grandchild
- Applying for you to become your grandchild’s legal guardian or adoptive parent
As well as in-depth family law expertise, our team are known for providing outstanding service. We will take the time to get to know your situation and give you honest, clear advice. We are happy to speak to you by way of phone call, email or videoconferencing as required, as well as in face-to-face meetings.
We offer a free 20-minute consultation with one of our family law experts to discuss your situation.
We want our pricing to be fair and transparent, so we will give a realistic estimate of costs at the outset, including both our fees and all third-party costs, such as court fees.
If you have any questions about your legal rights to see your grandchild or issues such as grandparents’ custody rights, please feel free to ask us. For more information about child law and the orders that the court can make in respect of children, see our page on Child Law.
Speak to our grandparents’ rights solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our lawyers for grandparents’ rights advice.
BOGNOR REGIS CHICHESTER EAST WITTERING SELSEY
Our grandparents’ rights solicitors’ fees
At SMR Solicitors, we offer a free 20-minute consultation with one of our family law experts to discuss your situation.
We want our pricing to be fair and transparent, so we will give a realistic estimate of costs at the outset, including both our fees and all third-party costs, such as court fees.
We will be happy to discuss our fees with you, so please contact us to learn more.
Grandparents’ rights explained
Do grandparents have rights?
There are no automatic legal rights of grandparents or a requirement for them to have contact with their grandchildren. However, the courts recognise that relationships with grandparents can be beneficial and that they have valuable contributions to make to a child’s life.
What rights do grandparents have?
Although there are no specific rights for grandparents, they can ask the court for leave to apply for a child arrangements order granting them permission to spend time with their grandchildren. The court will look at what it believes to be in a child’s best interests. Because it is generally considered beneficial for a child to spend time with grandparents, the courts are often willing to make an order to this effect.
How do you apply for grandparents’ rights?
If the court agrees that grandparents can apply for a child arrangements order, they must first attend a mediation information and assessment meeting, or MIAM. The courts prefer that issues relating to children are settled by agreement wherever possible, including by mediation if necessary.
While you do not have to go through mediation, you will generally be required to at least consider whether it is suitable. If you are not going to be able to resolve matters by way of mediation, the mediator will provide a certificate confirming that mediation has been considered, which the court will need to see.
Can a court give grandparents access to children?
A court can grant a child arrangements order stipulating that children will spend time with their grandparents if this will not disrupt the children’s life too much and where there is no risk to the child. The court will also take into account the connection that the children have with the grandparents.
The Children and Family Court Advisory and Support Service (CAFCASS) will be asked to look into the children’s circumstances and will usually prepare a report for the court in respect of their findings.
Can parents stop grandparents from seeing children?
Where a relationship between two parents breaks down, one parent may try to stop the children from seeing grandparents. Alternatively, a parent who has fallen out with their parents may prevent them from having contact with the children.
The best way to deal with this situation is to try and mend the relationship between the parents and grandparents. A mediator may be able to help you find some common ground and work out how to manage contact between you and your grandchildren.
If the difficulties cannot be resolved, then an application will need to be made to the court to request permission to apply for an order.
Can grandparents become the legal guardians of their grandchildren?
Grandparents can apply to become a special guardian of their grandchildren. This means they will have a court order giving them parental responsibility for the children and that the children will live with them until they reach maturity.
Special guardianship means that children’s legal relationship with their parents will not change, but their special guardian will be responsible for raising them. While the parents will still have parental responsibility, in practice, as a special guardian, you will generally make most of the decisions in respect of your grandchildren.
For more information on our services, see our Family Law page. Alternatively, please feel free to call and speak to one of our lawyers for grandparents’ rights, and we will be happy to answer your questions.
Speak to our grandparents’ rights solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch with one of our offices inChichester, East Wittering, Selsey or Bognor Regis to speak to one of our grandparents’ rights lawyers.
