Grandparents' Rights

Although you may enjoy contact with your grandchildren on a regular basis or you may be relied upon to provide child care, did you know that grandparents do not have automatic legal rights to see their grandchildren?

When family relationships breakdown through separation or divorce grandparents can often find themselves side-lined and the relationships once enjoyed fractured.

If an agreement cannot be reached, either as a result of discussion or with the aid of mediation, grandparents can apply to the court for contact through a two-step process where firstly permission is sought to make an application before the application itself can be considered.

In considering an application the court will recognise the importance grandparents often play in a child’s life. The court will consider the child’s right to have a relationship with a grandparents and will want to ensure that the relationship is safe and in the child’s best interests. As with any application relating to a child the court will place the child’s welfare as its paramount consideration.

In considering the application the Judge will take into account various considerations, this includes:-

• The wishes and feelings of the child concerned
• The child’s physical, emotional and educational needs
• The effect on the child if circumstances change as a result of the court’s decision
• The child’s age, sex, background and any other characteristics that will be relevant to the court’s decision
• Any harm the child has suffered or may be at risk of suffering
• The capability of the child’s parents (or other relevant people) in meeting the child’s needs
• The powers available to the court

The court must also be satisfied that making an order is better for the child than not making any order.

If you wish to discuss matters further please contact Jane Longworth