Grandparents - Do they have a right to see their grandchildren?

Grandparents often ask me whether or not they have any legal rights.

In particular when their son or daughter separates from their partner and their contact to their grandchildren has been stopped, they want to know whether or not they have a legal right for their access to be resumed.

This can be a very distressing time for grandparents.   Not only are they witnessing the breakdown of their son or daughter’s relationship but their anguish will be heightened if having had a positive relationship with their grandchildren this is suddenly brought to an end.

In my view grandparents have an important role to play in their grandchildren’s upbringing.   I think that this should be fostered even when the parents’ relationship has ended and there may be disputes between them. 

The law does not give grandparents any formal legal rights.   It is the parents who have the right to make decisions about their child’s upbringing including who he or she sees.   However, a grandparent has a right under the Children Act 1989, to apply to the Court for permission to make an application for a Contact Order.

Before embarking upon the Court process I would always say that it is vital to try and communicate with the parents and to emphasise to them the benefits that their children will have from continuing to enjoy a relationship with their grandparents.  In my opinion they play a crucial role in any child’s upbringing.  They are able to provide practical as well as emotional support.    This benefits the grandchild as well as the parents.

I am often instructed to write a letter on behalf of grandparents as a means to assist them in communicating with the parents in the hope that matters can be resolved on an amicable basis without the need to resort to Court proceedings.   In many cases it is possible to find a way forward with a view to an agreement being reached sometimes with the assistance of the Mediation Service.    Failing that I can advise and assist in the Court process.

I offer a free initial consultation.   If you need some advice please contact Judith Fitzpatrick on 01274 723858 or e-mail her at Judith@rdcsolicitors.co.uk.