Grandparent rights are not automatic under English law. However, the Family Courts recognise the invaluable input grandparents can have on a child’s life. Accordingly, there are steps you can take to obtain access to your grandchildren if their parents are refusing to allow you to see them.
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What Are Grandparent Rights UK?
Many people are surprised to learn that grandparents do not have an automatic legal right to see their grandchildren. Accordingly, if the child’s parents will not allow you access, you will need to seek the Court’s help to force them to do so.
How Can You Secure Grandparent Visitation Rights?
You should always seek to secure visitation rights from the child’s parents wherever possible. If informal, amicable discussions fail to yield results, you must attempt to mediate the issue before making a Court application.
Mediation can be an invaluable tool in resolving problems between family members. It is an informal process during which an impartial third party, known as the mediator, helps the parties identify common ground and reach an agreement that suits them all. Anything you say in a mediation is confidential and cannot be referred to in Court.
The mediation process begins with a special meeting, known as a MIAM, which is an acronym for ‘mediation information and assessment meeting’. At a MIAM, a mediator will discuss the issues with you and the child’s parents and decide whether mediation might succeed in resolving them. If they believe your matter is suitable for mediation, they will explain how the process works and how it might be beneficial in your case.
However, a crucial element of mediation is that it is voluntary. Even if the mediator recommends that you engage with the process, you are not obliged to do so. Instead, you can obtain an MIAM certificate proving that you attended the meeting and proceed to make an application to Court.
What Types Of Court Orders Relate To Grandparent Rights To See Grandchildren?
Only those with parental responsibility for the child are automatically entitled to apply for a Court order granting visitation rights. However, as a grandparent, you can ask the Court for permission to make an application seeking the right to have contact with your grandchildren as well as various other types of Orders. Save in exceptional circumstances, it would be unusual for a Judge to refuse a grandparent permission to apply.
The types of Orders that may be appropriate to grandparent rights include the following:
• Child Arrangements Orders
Child Arrangements Orders state whom a child should live with and with whom they should have contact. Accordingly, this type of Order is often the most appropriate for grandparents seeking contact with their grandchildren. When considering your application, the Judge will be concerned with what would be in the child’s best interests as opposed to yours.
• Prohibited Steps Orders
Prohibited Steps Orders prevent a person with parental responsibility from making a specific decision about a child’s upbringing. They can deal with a range of matters, including child relocation, changing the child’s name or school, and decisions relating to medical treatment.
A Prohibited Steps Order might be appropriate to you as a grandparent when, for example, you wish to object to a parent relocating with the child if this means your contact with them would effectively cease. They are not appropriate in cases involving disagreements relating to minor matters. As with all applications concerning children, the Judge will make an Order that reflects what they consider would be in the best interests of the child.
• Specific Issue Order
As their name suggests, Specific Issues Orders resolve disputes relating to specific issues regarding a child. The issue might be whether the child should be moved abroad, whether their surname should be changed, or whether they should receive a particular vaccination.
As a grandparent, if you do not believe a particular decision relating to your grandchild would be in their best interests, you might consider making an application for a Specific Issue Order. Again, the Court will base its decision on the child’s welfare as opposed to yours.
How Can We Help With Enforcing Your Grandparent Rights To See Your Grandchildren?
Our specialist family law solicitors routinely assist grandparents seeking the right to see and spend time with their grandchildren. They avoid Court proceedings wherever possible, instead using their expert negotiating skills to secure a favourable outcome amicably and cost-effectively. Where this proves impossible, they will advise you on the process involved in seeking the Court’s intervention and the likely costs and timescales involved in making an application. Their advice is concise, straightforward, and delivered with the sensitivity required in situations involving grandparent rights.
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