21
Mar 2019
Q. Do I have a right to see my grandchildren?
Many people are unsure about their legal rights as a grandparent. Family conflicts often arise when a relationship breaks down meaning that contact with grandchildren can often become restricted or stopped altogether, leaving grandparents unable to spend time with their grandchildren.
Unfortunately, grandparents don’t have an automatic legal right to have contact with their grandchildren in the same way that a parent, step-parent or guardian has as a result of their parental responsibility. Having said that, the family court is very much alive to the contribution that many grandparents make to their grandchildren’s upbringing. In order to start their own application for a Child Arrangements Order to secure time with their grandchild, grandparents must first ask for permission from a court to make that application. The court will consider the grandparents connection with the child, the nature of the contact applied for and if the child would be at risk of harm through granting the application. At Chadwick Lawrence we are increasingly dealing with cases where the courts are taking applications from grandparents very seriously and in many cases allowing them to bring their application.
In making Child Arrangement Orders the court must always have regard to what is in the child’s best interests and can dictate how much time a child should spend with either a parent or grandparent, how often this contact should take place and whether this contact should be supervised or unsupervised. Contact can be direct which means meeting in person or indirect, through Facetime, phone calls or letters. The type of contact requested needs to be considered carefully prior to making an application based on factors such as the child’s age, and how much time they have previously spent with grandparents in the past.
If you are a grandparent experiencing difficulties in spending time with your grandchild(ren) due to the breakdown of a parental relationship, or have any other queries concerning any family law matter, please call contact us on 0800 015 0340 to arrange an initial free half hour appointment with one of experts at any of our offices across West Yorkshire.
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