Case Study: Shirley and Len are grandparents to three children, Anton 18, Bruno12 and Craig 9. The children’s parents recently separated, and this has caused a huge rift in the family. Shirley and Len have not seen the grandchildren for several weeks now and they want to know if they can see their grandchildren.
When parents fall out, it is not just the children who are affected, and for grandparents denied access to grandchildren, understanding grandparents rights to see their grandchildren is an important first step. Many family units include other members who play a key role in the children’s lives. In some families, grandparents are viewed as an extension of the child’s parents and play a vital role in a child’s upbringing. On the parents’ separation, grandparents can also get caught in the crossfire, which can in some instances affect their contact with the children.
Do Grandparents Have Legal Rights in the UK?
In the UK, there is no automatic legal right for extended family members to have contact with the child. A relative of a child is defined as a grandparent, sibling, aunt, uncle or a step-parent.
Shirley and Len can have contact with their grandchildren, but the route may not be so straightforward. As Anton is 18 years old, it is not up to his parents to decide if he is to have contact with his grandparents or not. Anton can make that decision for himself therefore Shirley and Len should communicate directly with Anton to arrange contact. Equally if Anton does not wish to see his grandparents, contact cannot be forced on him, and a Court is unlikely to intervene given his age.
Bruno and Craig are both under the age of 18, and, although there is no automatic legal right to see the grandchildren, there are options that Shirley and Len should consider to enable them to have contact.
Options for Grandparents Denied Contact with Grandchildren
- Reach an informal agreement with the parents. Speak to the parents and discuss the situation to try to reach an informal agreement. If you have an amicable relationship with the parents, you can explain why it is so important for the children to maintain a relationship and link to their extended family.
- Resolve the issues through Mediation. A mediator is an independent, neutral third party who will assist you to reach an agreement or narrow the issues. This is a voluntary process, and effort is required by all parties to achieve a resolution.
- Application to the Court. If you have exhausted all efforts, you can ask the Court for permission to apply for a Court Order. Provided there is no statutory restriction or a Court order prohibiting you from making an application to the Court, you will normally need to make an application for the Court’s permission to apply for an Order to determine what contact, if any, you should have with the child. The Court will make an Order for contact if it is in the child’s best interests.
If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Associate Solicitor in our Family Law Department by calling 0333 240 7373, or email us at [email protected]
