Your custody rights as a grandparent and what to do if you are refused access to your grandchild
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to try and keep an open dialogue with the children’s parents.
randparents can be an important part of the family unit and play a vital role in their grandchildren’s upbringing. In fact, research estimates as much as 60% of all childcare in the UK is provided by the grandparents. However, in the event of a family or relationship breakdown, some may find they are denied access to their grandchildren, and this can be devastating for both the grandparent and the grandchild.
If arrangements to spend time with the grandchildren cannot be reached, grandparents can apply for permission to undertake a court order to seek contact, and it is very rare that a court would refuse the grandparent permission to make the application. Lucinda Holliday is head of family & divorce at Blaser Mills Law.
There are a number of things grandparents must consider to secure the relationship with their grandchildren during such disputes. Here are some of the main factors to be aware of if your time with your grandchildren is cut off.
Your legal rights as a grandparent In England and Wales, grandparents do not have the legal right to see their grandchild, nor do they have automatic parental responsibility of their grandchildren, however the parents of the child do and can decide who their children see. Therefore, it is always recommended
Court considerations
During a court hearing to grant grandparents contact with their grandchild, the court will consider a variety of factors. These include the grandparents’ relationship with the grandchild, the reason and nature of the application, if granting contact would be harmful to the child and if continuing the contact would negatively impact the rest of the family. If your application is successful, you can then go ahead and apply for a contact order via the court to gain access. In most cases the two applications are combined and this is something to bear in mind when considering your application for permission. If the child’s parents raise objections, you will have to
Legacy Yearbook 2021 page 12
