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Legal Rights of Grandparents

Grandparents can often suffer following a divorce or separation by being denied access to see their grandchild.

At SAS Daniels we understand that this can be a stressful and traumatic situation. We have a great deal of experience in resolving these type of disputes.

Our specialist family solicitors can act on your behalf to try and restore regular contact with your grandchild, whether this be through negotiation or if necessary by resorting to court action.

If you are currently being denied contact with your grandchild, contact us to speak to one of our specialist family solicitors.

What legal rights do grandparents have?

Legally a grandparent does not have an automatic right to see their grandchild. However, the courts commonly recognise that it is in the best interests of the grandchild to have contact with both sets of grandparents. An application can be made to the court for permission to issue proceedings to ensure regular contact is maintained.

In all cases of family law the courts always put the best interests of the children first.

Is it necessary to go to court to get contact with our grandchildren?

Not always. The first step is to try and attain contact informally by negotiation with the parent with whom the child is living. If this is not possible then it may be suitable to attend family mediation, although both parties have to be willing to attend mediation for it to be a possible option.

If neither of these options are suitable then grandparents can apply to the courts to seek contact with the grandchild. Our experienced family solicitors are able to help you to put a case forward as to why you should spend time with your grandchild. This involves showing that you have a meaningful and ongoing relationship with the child that knowingly benefits their lives.

If you’re application is successful then you may be given a Child Arrangements Order. This is an order made by the court which outlines exactly when you are legally entitled to spend time with your grandchild. It states precisely how and when the contact will take place, for example weekly or fortnightly, and for how long the contact will last.

If you obtain a court order it will ensure that you spend regular time with your grandchild.
If you would like to discuss an issue with one of our family law solicitors, please contact us and one of our specialist team will be happy to advise you.

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