The role of a grandparent is usually a joy, but for many reasons, tensions can arise within families causing difficulties for grandparents such as being shut out of the family or conversely having to take over permanent care of a grandchild if a parent is experiencing difficulties.
Grandparents do not, for obvious reasons, have the same legal standing as parents in separation or divorce matters because the focus will be on the separating couple and their children. However, if grandparents who have previously enjoyed a close and loving relationship with their grandchildren do find themselves cut adrift there are options to try and sustain that relationship.
Legal advice
We can provide you with legal advice on your rights as a grandparent and explain your options and the best course of action based on your specific circumstances. We understand the need for a family lawyer to properly listen to what is important and our clients often comment on how client focussed and practical we are in our approach.
The starting point has to be considering a non-adversarial approach, which seeks to prevent each parent from thinking that the grandparents are interfering. Grandparents can point out the practical benefits of regular involvement such as offering a regular teatime visit or collection from school. If agreed and scheduled, everyone knows what is expected of them; the parents can use this extra childcare support when making personal arrangements; and the grandparents can look forward to seeing their grandchildren regularly on a convenient basis.
We have years of experience of dealing with such issues, successfully representing and resolving cases both in and out of court:
Talking Works
This non-adversarial approach aims to open dialogue with either or both parents to work with everyone for the benefit of grandchildren.
Mediation
All of our solicitors are trained or training to be mediators. Before taking legal action, we may explore mediation as a way to resolve disputes amicably. Mediation can help all parties involved (parents, grandparents, and children) come to an agreement without going to court.
If dialogue fails, it is possible for grandparents to apply to court for a child arrangements Order to secure regular contact. The contact sought cannot interfere with the parents’ time with the children, and instead should be carefully framed so that the child has the benefit of relationships with both parents and grandparents. If you are contemplating a court application, speak to a member of our family team as preparation is key to a successful application.
If a child is living with a grandparent and this is intended to become permanent, the grandparent may need to apply to court for a child arrangements Order in order to formally take over care. The court must first grant permission to allow the grandparents to pursue their application, but this is rarely refused. Over the years the courts have come to recognise the valuable role grandparents play in children’s lives and will try and encourage an ongoing relationship wherever practical and sustainable. At the heart of the case is always the child’s welfare.
Child arrangement orders
If mediation is unsuccessful or not applicable, we can assist you in applying for a Child Arrangement Order if it is in the child’s best interests. This outlines who the child will live with and how much time they will spend with the other adults involved in the child’s life.
Family law team
Whatever issues you are facing as a grandparent, please do not hesitate to contact us for an informal chat by calling us on 01473 232121.
Please note we do not offer legal aid but are always happy to talk over your case and fees.
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Posted on: 28/05/2025
