Grandparents’ Rights UK

Grandparents often play an incredibly important role in their grandchildren’s lives, with research showing that their influence can greatly contribute towards a child’s health and overall wellbeing. However, despite the significance of their relationship, grandparents do not have an automatic legal right to see their grandchildren. If you are searching ‘Grandparents’ rights UK’, perhaps you are a grandparent who is being prevented from seeing your grandchildren, or maybe you are researching what legal entitlement someone close to you has to spend time with their grandchildren.

At Birch & Co., our team of specialist family solicitors has extensive experience in assisting grandparents in securing access rights to their grandchildren. We understand how upsetting it can be to be prevented from spending time with your grandchildren, and we will take swift, decisive action to resolve the issue as quickly and cost-effectively as possible.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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What Are Grandparents’ Rights In The UK?

Grandparents do not enjoy the same legal rights as parents when it comes to spending time with their grandchildren. In fact, they do not have any automatic legal rights at all. That said, the law recognises the close bond many grandparents have with their grandchildren, and the court can grant a number of orders granting a grandparent access to their grandchildren. They include the following:

• Special Guardianship Order

If the child’s parents are unable to take care of them, a grandparent might be able to apply to be the ‘Special Guardian’ of the child and take care of them until they turn 18.

To be eligible for a Special Guardianship Order, you must fulfil one of the following criteria:

You are already your grandchild’s legal guardian
Your grandchild has lived with you for at least one year
The people with parental responsibility for your grandchild agree to you becoming their special guardian
Your grandchild lives with you under the terms of a Child Arrangements Order (we explain more about these types of orders below)
Someone named in a Child Arrangements Order as a person with whom your grandchild will live agrees to you being their special guardian
You have the local council’s agreement if your grandchild is in care

• Child Arrangements Order

A Child Arrangements Order is a formal court order that states where a child should live and who they should spend time with. This type of order is most commonly used to formalise child arrangements when a child’s parents get divorced, but a grandparent can use one to secure access rights to their grandchildren.

Only people with parental responsibility for a child have an automatic right to make an application for a Child Arrangements Order, unless an exception applies, for example, the child having lived with them for at least a year. However, grandparents can seek leave (meaning permission) to apply for a Child Arrangements Order. When considering such an application, the court will consider a variety of factors, including the nature of the applicant’s relationship with the child and whether the proposed application would disrupt the child’s life.

Unless there are exceptional circumstances, the court is highly likely to grant you permission to apply for a Child Arrangements Order as a grandparent. When considering your application, your grandchild’s welfare will be the Judge’s main concern. Generally speaking, a continued relationship with their grandparents will be considered to be in the child’s best interests, particularly if they already have a strong bond. Only in exceptional cases, such as those involving neglect or abuse, would a judge likely decide that it would be best for a grandchild to sever ties with their grandparents. Having said that, each case will be looked at in isolation, and the judge will make their decision based on the unique facts of the situation.

• Specific Issue Order

A Specific Issue Order is a court order regarding a specific decision relating to the child, such as their education, religion, medical treatment, or taking them abroad permanently. Grandparents can apply for a Specific Issue Order with the court’s permission.

• Prohibited Steps Order

As its name suggests, a Prohibited Steps Order is a court order that prohibits a person from doing something in connection with a child, such as relocating with them. As is the case with Child Arrangements Orders and Specific Issue Orders, grandparents can apply for a Prohibited Steps Order with the court’s permission.

If you would like more information on grandparents’ rights in the UK and to find out how we can help you, please get in touch with our expert family law team.