Grandparent Rights Solicitors in London

What rights do grandparents have?

You do not have automatic grandparent legal rights to see your grandchildren or to care for your grandchild if their parent is unable to do so. Whilst you do not have rights you do have legal remedies.

If there is no parental agreement on contact or on a grandparent taking over responsibility for caring for their grandchildren, a grandparent rights lawyer can ask the family court for permission for you to apply to the court for an order for you to see your grandchild or care for them.

There are many reasons why you may need to gain a clearer understanding of your grandparent rights, such as after an estrangement from your child, the loss of your child or your child’s separation or divorce.

How to apply for grandparent rights?

Before you apply to the family court to get a court order our grandparents rights solicitors will first do all we can to help you reach an agreement with your child or your son or daughter-in-law.  It is important to do that because:

• Court rules say you must try to use non-court-based resolution options before you make an application to court. If you do not take this initial step your application could be adjourned for family mediation to take place. That may delay your application so it is best to look at the various options to help you reach an agreement. Our grandparents rights solicitors in London can work with you to see which option is most likely to help you see your grandchildren without having to start formal court proceedings
• Going to court can make a difficult family situation worse especially if your child or your son or daughter in-law is sensitive to criticism
• An agreement on contact or on your assuming the care of your grandchildren reached through solicitor negotiations can be the starting point for building up contact or working on trust that has broken down

It is not always possible to wait to try and reach an agreement before starting a court application. For example, if your grandchild is at risk of harm by continuing to live with their parents,  if the Local Authority has suggested that you apply for a child arrangement order or special guardianship order or if you need grandparent rights after divorce because your son or daughter in law has cut you out of your grandchild’s life.

A grandparents rights lawyer will help you navigate when and how to apply for grandparent rights in the UK. There is a three-stage court process:

1. Ask the family court for permission to apply for a child arrangement order
2. Apply for your child arrangement order (assuming the court permits you to go ahead. In most cases the court will allow you to apply for your order)
3. After a series of directions hearings, there will be a final hearing of your application for an order that your grandchild either has contact with you or lives with you. The court will make a child arrangement order in your favour if it thinks the order is in the best interests of your grandchild

How much does it cost to get grandparent rights?

How much it costs to get grandparent rights depends largely on whether:

• You can reach an agreement through solicitor negotiations or family mediation
• There are serious allegations made against you or by you that the family court needs to investigate. For example, an allegation that your grandchild should live with you because of parental substance abuse concerns
• The number of court hearings that the court holds. Additional hearings may be necessary if an interim child arrangement order is needed so you can see your grandchildren before the date set for the final hearing

Our grandparents rights solicitors pride ourselves on our excellent client care and the affordability of our services. We will always talk to you about likely costs and timescales before you commit to going ahead with an application so you are aware of how long it may take and how much it may cost, in your circumstances, to get your grandparent’s rights acknowledged.

Can a parent stop a child from seeing grandparents?

A parent can stop a child from seeing their grandparents but you can apply to court for permission to apply for a child arrangement order so you can see your grandchild.

Although you do not have an automatic right to have contact with your grandchild the court will normally start from the premise that it is in the best interests of children to have contact with extended family and with their grandad or grandmother. Grandparents play a special role in the lives of their grandchildren; family history tellers, mentors and carers. Your involvement with your grandchildren and ongoing contact should only be stopped if the court has good reason to say that it is not in your grandchild’s best interests to have ongoing contact with you.

Can I get a court order to see my grandchildren?

You can apply to the court for permission to apply for a child arrangement order so you can see your grandchild. The threshold to get leave to make your court application is set fairly low so most grandparents do not have a problem in getting leave. Once you have court leave the judge will decide if a child arrangement order should be made so you can see your grandchildren. The court will make the order for contact if it is satisfied that contact is in your grandchildren’s best interests.

Can grandparents apply for a child arrangement order?

Grandparents can apply for a child arrangement order to ask the court to order that they can have regular contact with their grandchildren or for an order that their grandchildren reside with them.

Can parents keep their children away from grandparents?

For several reasons, a parent can decide to keep their children away from their grandparents. Some of the most common ones are family estrangement or a relationship breakdown meaning you need to speak to grandparents rights solicitors for advice on grandparent rights after divorce.

Whatever the reasons for the communication and contact issues it can be devastating for a grandparent to lose contact with their family and grandchildren. If you cannot negotiate a solution, you have the option of asking the court to make an order so you can maintain a meaningful relationship with your grandchildren with a child arrangement order.

Our expertise at OTS Solicitors

Our grandparents rights solicitors in London have the expertise and experience to help you navigate through the family dynamics and legal complexities of applying for orders to see your grandchildren or to exercise your grandparents rights for childcare.

We combine expertise in children law with empathy to make the legal process of securing your order as stress-free as possible.

Get in touch with our grandparents rights solicitors in London.

To discuss your grandparent rights, we can talk with you at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our grandparents rights solicitors in London.