In these circumstances, there are a number of options available to grandparents. It is worth considering mediation or negotiation at an early stage and in any event before commencing court proceedings. 

Child arrangements orders for grandparents

Should you fail to reach an agreement with parents or find that mediation is unsuccessful, a child arrangements order can help to secure contact for grandparents. 

In most cases, it is parents who apply for a child arrangements order (for example, when the relationship between the parents has broken down and one party has been denied contact). However, grandparents are also able to make this application, but only with the court’s permission. They will be required to explain the circumstances surrounding their application, and the court will then consider whether the application should proceed and whether rights can be granted. 

Between the application and a child arrangements order being made, the court process often involves a number of hearings and will consider what is in the best interest of the children. To make their decision, the court will consider things like the wishes and needs of the children, risk of harm, and the possible impact of change on the child’s circumstances and wellbeing. If rights are granted to grandparents in this way, the order will likely set out the basis on which contact must take place. 

Special guardianship orders

An alternative option for grandparents seeking rights to see their grandchildren is a special guardianship order. An application for a special guardianship order is more appropriate in circumstances where a grandparent seeks to care for their grandchild and obtain rights on a long-term basis. Where this order is made, a grandparent is provided with parental responsibility that takes precedence over that of the parents. As such cases, it is the grandparents who have primary responsibility to look after their grandchildren, and make decisions that a parent would ordinarily (for example, in relation to a child’s education).  

Resolving matters out of court

Applying for a child arrangements or specific guardianship order may not always be necessary to secure contact as a grandparent. It is often better to resolve matters without involving the courts, which can otherwise be a time-consuming and expensive process.

Getting in touch

Understanding whether you have the right to see your grandchildren can be complex and stressful, particularly if relationships have broken down or family structures have changed. In this position, it is important that you seek suitable legal advice to find the right solution for you.

At Kitson Boyce, our expert family lawyers are on hand to help you navigate your rights (or lack of) as grandparents and put in place appropriate contact arrangements if necessary. If you would like to discuss the options available to you as a grandparent, our Family team would be happy to assist. Please do get in touch with our solicitors in Torquay, Plymouth and Exeter by emailing [email protected] or calling 01803 202020.