Grandparents and Contact: What The Law Really Says
Grandparents often play an important role in providing stability, support, and love in a child’s life. However, when family relationships break down, contact between grandparents and grandchildren can become complicated. In England and Wales, grandparents do not have automatic legal rights to see their grandchildren, but the law does offer clear routes to help maintain these vital relationships.
Do Grandparents Have Rights
In short, grand parents have no automatic rights, however there are legal options available to help grandparents maintain contact
Under the Children Act 1989, only those with parental responsibility can decide who sees the child. Grandparents are not given this right by default; however the courts identify the value of grandparent and grandchild relationships and will consider applications for contact.
Start With Communication
Let’s start with Communication, before turning to legal processes families are encouraged by the law to attempt:
- Civilised conversations
- Letters or messages expressing wishes to of involvement
- Help from a trusted family member
- Family mediation, being the next step if direct discussion isn’t possible
Most applicants must attend a Mediation Information and Assessment Meeting before applying to court, unless exemptions such as domestic abuse or urgency apply.
Applying To Court
If the mediation fails, grandparents can apply for a Child Arrangements Order to set out how and when contact should happen.
However, unlike the parents, grandparents usually need the court’s permission first. The court will look at:
- The existing strong bonds with the child
- The nature of the application.
When Permission Isn't Needed
Grandparents can apply without permission if:
- The child has lived with them for at least three years, this does not necessarily have to be continuous
- Everyone with parental responsibility agrees
- The child is in local authority care, and the local authority consents
How The Court Decides
Once an application proceeds, the guiding principle of the court is clear: The child’s welfare is paramount.
Judges us the statutory welfare checklist, this considers:
- The child’s wishes
- Their physical, emotional and educational needs
- The impact of changing current arrangement
- Risk of harm
- Each adult’s ability to meet the child’s needs.
When Grandparents Are Caring For A Child
If the grandparents step up due to that parents cannot care for the child, longer term legal arrangements may be needed:
- Special Guardianship Orders give grandparents parental responsibility until the child is 18
- If the child is in local authority care, grandparents may be assessed as kinship carers with contact governed separately
By Your Side
If you’re facing difficulties or already caring for a grandchild and want formal recognition of that role, our Family Department here at Bell Lamb & Joynson Solicitors can help you understand the best next steps.
Contact us on 03444 124348.