OLS Solicitors Blog

Navigating Grandparents’ Rights in England and Wales: A Guide for Families

By Peter Thomas on April 26, 2023

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.

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Author

Peter Thomas

Peter is a law graduate of The University of Wales Cardiff, where he gained a deep understanding of the legal system. After completing his studies, he began his career at the well-known Birmingham law firm Brendan Fleming, where he excelled and rose to the position of Associate. In 2005, Peter decided to set up his own firm, Peter Thomas Law, which became a trailblazer in providing family law services online, not just in Wales, but also beyond. His vast experience and expertise in high net worth matrimonial finance cases have made him one of the most sought-after legal minds in the field. Peter has handled some of the most complicated and high-profile cases, including those that have gone to the Court of Appeal. Despite his hectic schedule, Peter is married with two adult children and lives near our Wales office. When he’s not in the office, Peter loves to travel and immerse himself in different cultures. He has developed a passion for trekking holidays, which have taken him to places such as Everest base camp, Kilimanjaro, Belize, and Machu Picchu.