Grandparents Rights

When parents separate, there is written in law a presumption that the involvement of a parent in a child’s life furthers their welfare (Section 2A Children Act 1989). However, such a presumption does not extend to other family members, such as uncles, aunties or grandparents.

At Dutton Gregory Solicitors, we can advise grandparents and other relatives who are struggling to stay in contact with grandchildren or other children in their extended family. In many cases, it is possible to find an amicable solution through careful negotiation and mediation but, in some cases, there can also be recourse through the Courts to secure access.

Our grandparents’ rights and extended family contact expertise

Our family law experts can assist with options including:

• Negotiating child contact and access for grandparents and other family members
• Court proceedings to secure child contact and access
• Becoming a child’s legal guardian

Get in touch with our grandparents’ rights solicitors

Our grandparents’ rights solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Poole, Winchester and Woking.

To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.

Frequently asked questions about grandparents’ rights and extended family contact

What is grandparental alienation?

Much is heard of Parental Alienation, but little is heard of Grandparental Alienation.

Grandparent Alienation / Grandparental Alienation can often occur where families separate, and a child is turned against other members of the family or discouraged from having a relationship with them. Sometimes this alienation can be against members of the ex-partner’s family, and other times against the parent’s own extended family.

Parties are encouraged to try and reach an out of court resolution, such as through mediation or arbitration, but where there is a high level of hostility, or where grandparental alienation is taking place, sometimes a court application is the only option for a grandparent to continue to have a relationship with their Grandchild or Grandchildren.

Can grandparents apply for a Child Arrangements Order?

As the law currently stands, unless the child has been living with a grandparent or family member for a period in excess of three years in the last five (although it does not need to be three continuous years), then they will need to first obtain the court’s leave / permission before being able to pursue a Child Arrangements Order.

When considering whether to grant permission, the court will look at a number of factors. This includes the child’s relationship with their grandparent or family member, and any possible disruption that may arise if leave to apply is granted. If leave is not granted, then a party will not be able to pursue an application for contact. It is therefore important to obtain legal advice at the earliest opportunity.

It should be noted that simply because leave is granted, this does not mean any application for contact will be successful.

If leave to apply is granted, then a grandparent can pursue their application to seek contact, or even for the child to live with them.

What legal rights do grandparents have?

As the law currently stands, grandparents and other extended family members have no automatic legal rights with respect to a child.

Although change in the law is yet to take place, the importance of grandparents has been noted by the court. In the 2003 case of Re: J (Leave to Issue Application for Residence Order) [2003] 1 FLR 114, Thorpe LT commented on the importance of grandparents in a Grandchild’s life, and the strong contribution Grandparent Contact has for a child, even going so far as to make reference to Articles 6 and 8 of the Human Rights Act, and the right to a family life.

Jon Whettingsteel, Partner in our family department, is engaged with a working group as their legal advisor to campaign for a change in law to better recognise the rights of grandparents.

Why choose our grandparents’ rights solicitors?

At Dutton Gregory Solicitors, our family team have experience in dealing with court applications for Grandparental Contact, as well as other members of the extended family, including obtaining Parental Responsibility and Special Guardianship Orders for grandparents and aunts.

Our family team appreciate that families come in all shapes, sizes and compositions and that each one is unique. Our solicitors will provide individual and bespoke advice and support in any grandparent contact or grandparent residence application throughout the entire process, including before issuing an application, guiding you through the court process, and enforcing an order if necessary.

Get in touch with our grandparents’ rights solicitors

Our grandparents’ rights solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Poole, Winchester and Woking.

To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.