The legal rights of grandparents in relation to their grandchildren in the UK

Many people regard being a grandparent as actually preferable to being a parent. As a grandparent, you can, all things being equal, spend time with your grandchildren, spoil them, play with them and spend quality time with them before handing them back to their parents to do all the heavy lifting of care and raising the children. In other words, grandparents get all the fun, while the parents get all the drudgery.

However, that’s the theory. In reality, especially in cases of single-parent families or where both parents work full-time, the grandparents also do a lot of the heavy lifting of caring for the children as well.

What legal rights do grandparents have?

Despite the fact that many grandparents do, in fact, play a crucial role in the care and raising of their grandchildren, grandparents actually have no legal rights in relation to those grandchildren under UK law. The result of that is that grandparents also have no legal responsibilities in relation to their grandchildren either. In short, there is no such thing as ‘grandparent’s rights’.

This means that there is no legal right for grandparents in England and Wales to spend time with their grandchildren or even see them. Grandparents are not eligible to apply for Parental Responsibility Orders. Parents, however, do have the legal right to decide who their children see or spend time with.

Generally speaking, if family relations are cordial, this does not present any practical problem. However, it does often arise when the parents of the child decide to separate or divorce. For example, if the mother of the children is granted custody, it sometimes happens that she will forbid the parents of the father from having any contact with those children. This may leave the paternal grandparents feeling deeply aggrieved.

What can grandparents do if they are prevented from seeing their grandchildren?

Options are rather limited but they do exist. Unfortunately for grandparents, only people with Parental Responsibility can apply for a court order. But it is open to grandparents to seek permission to apply for a court order which would grant them contact with the grandchildren. Note, that the grandparents are required to seek permission first before they can actually apply for a contact order.

The courts are generally disposed to grant grandparents permission to apply for an order. In doing so, the court will consider:

• The grandparent’s relationship with the grandchildren
• The nature of the application
• Whether there may be a risk of any harm to the grandchildren if the application is granted
• Whether permitting the grandparents to have contact with the grandchildren would have any negative effects on the rest of the family

Grandparents’ rights to see their grandchildren and grandparents’ rights to access grandchildren can only be granted by a specific court order.

Parental opposition

The parents of the children must be notified of any such application made by the grandparents. If the parent does not object, then it is much more likely to be successful. However, since the parent has already forbidden the child to have contact with the grandparents, it is safe to assume that the relationship is an acrimonious one. Hence, parental opposition to the granting of an order is highly likely.

If the parent does oppose the application, then the grandparents may still proceed with the application but, in this case, the court will require a full hearing wherein both parties will present their evidence for the court’s consideration.

In reaching a decision, the court will also canvass the views of the grandchildren, where they are old enough to express them.

It is important to always bear in mind that, by virtue of the Children Act 1989, the court must put the best interests of the child ahead of any other considerations. The best interests of the child are always paramount.

Alternatives to court proceedings

As with most disputes, application to the court must be considered as the last resort. If you are a grandparent who has been denied contact with their grandchild, then the first step is to try to negotiate with the parent or parents and try to come to some sort of agreement with them. If this is either impossible or impractical, or if communication between the parties is difficult, you could turn to a family mediation service. There are several such organisations across the UK. A trained, experienced mediator could help the parties to reach a satisfactory settlement without the need for any court orders and they understand just how sensitive and emotionally stressful these situations can be.

If those steps have failed, then the only remaining option is to make an application to the court.

If you have been unfairly denied contact with your grandchildren, then it is crucial that you obtain the right legal advice before taking any further steps. A family solicitor with experience in grandparents' access rights will be able to advise you properly. Taking the wrong steps without good advice risks making an already bad situation even worse.

For further information and trusted legal advice regarding matters of children law, get in touch with our Resolution-accredited divorce lawyers in London at Carlsons Solicitors.