OLS Solicitors Blog
Navigating Grandparents’ Rights in England and Wales: A Guide for Families
We understand that grandparents play a significant role in the lives of their grandchildren, and you may have concerns about maintaining contact with your grandchildren following a family breakdown. In England and Wales, grandparents do not have automatic legal rights to see their grandchildren, but there are circumstances in which they can apply to the court for access. This post aims to provide an overview of grandparents’ rights in England and Wales.
Grandparents’ rights refer to the legal rights that grandparents have to maintain contact with their grandchildren. However, it is important to note that grandparents do not have an automatic legal right to see their grandchildren in England and Wales. Instead, grandparents can apply to the court for a Child Arrangements Order. This order sets out who a child should live with, spend time with, and have contact with.
To apply for a Child Arrangements Order, grandparents need the permission of the parent or guardian of the child or must have already been granted leave to apply by the court. Once the application has been made, the court will consider the best interests of the child when making a decision.
When considering a grandparent’s application for a Child Arrangements Order, the court will look at a range of factors, including the child’s welfare, their relationship with their grandparents, and the wishes and feelings of the child. The court will also consider any risks to the child’s safety and well-being.
It is important to seek legal advice before making an application for a Child Arrangements Order as this can be a complex and emotional process. A lawyer can advise you on the legal process and the likelihood of your application being granted. They can also provide guidance on the best approach to take and the evidence required to support your application.
In conclusion, while grandparents do not have automatic legal rights to see their grandchildren in England and Wales, they can apply to the court for access. However, it is essential to seek legal advice before making an application. Grandparents play an important role in the lives of their grandchildren, and it is important to ensure that they can maintain contact when it is in the child’s best interests.