January 5, 2016

What are my rights as a grandparent?

Often, the first question is: 'Can I ask  the court for help to see my grandchildren?'

The simple answer is yes. However, when dealing with any family situation care should be taken to make sure you are taking a sensible approach.

Emotions run high during the breakdown of a relationship and speaking to an experienced family lawyer can assist in reaching a resolution quickly and amicably.

Before anyone asks for the court’s help to resolve issues involving children (unless it is
an emergency situation) you should try and engage the other party in mediation.

If that is not successful then you may need to consider asking the court for permission to make an application for a Child Arrangements Order for contact. As you are not the child’s natural parent, you do not have an absolute right to make the application.

Instead the court has to consider whether you have an arguable case for such an order.

The court must always put the child’s welfare first. If the court feels that that child’s welfare will be improved by ordering contact with a particular person it will do so, if practicalities permit. Child Arrangement Orders for contact with grandparents are not uncommon.

Grandparents, like parents, are eligible for free 30 minute initial appointments with one of
our family law specialists.

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